Laws of Missouri 
Relating to Mines 
and Mining : 1919 



Compiled by 

Mine Inspection Department 

Jefferson City, Mo. 





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.V 


Laws of Missouri 
Relating to Mines 
and Mining : 1919 



BUREAU OF 

Mines and Mine Inspection 

JEFFERSON CITY, MO. 




GEORGE HILL 

CHIEF INSPECTOR. 

LEAD AND ZINC INSPECTORS. 

R. C. Detchmendy.Flat River, Mo. 

C. M. Harlan.Carterville, Mo. 

J. A. Galbraith.Webb City, Mo. 

C. C. Keith.Joplin, Mo. 

COAL INSPECTORS. 

Evans W. Jones.Higbee, Mo. 

W. P. Craven.Camden, Mo. 

Joseph Goldman, Secretary. 
Marguerite Scherer, Stenographer. 


n. •f iJ’. 

WAV 21 1^20 









LAWS RELATING TO 
MINES AND MINING 


MINING, HOW CONDUCTED, RIGHTS OF 
MINERS, MINE OWNERS AND OTHERS 


ARTICLE I. 

See. 8408. Rights of miners and 
owners of mineral lands—condition of 
permits. —When any person owning 
real estate in this state, or any person 
having a leashold interest.in such real 
estate for mining purposes by lease from 
the owner thereof, duly acknowledged 
and recorded in the county wherein the 
land lies, shall permit any person or 
persons, other than their servants, agents 
or employes, to enter and dig or mine 
thereon for lead ore or other minerals, 
with the consent of such owner or owners 
or lessee, he or they shall keep a printed 
statement of the terms, conditions and 
requirements upon which such lands may 
be mined or prospected, and the time 
during which the right to mine or pros¬ 
pect thereunder shall continue, posted or 
hung up in a conspicuous place, in plain, 
( 3 ) 





4 


Laws of Missouri 


legible characters, in the principle office 
or place of business of such person or 
company in the county in which said 
lands are situated, or in a county con¬ 
tiguous thereto, and shall deliver to any 
person mining or prospecting, or about to 
mine or prospect on said lands, and re¬ 
questing it, a printed copy of such state¬ 
ment; all persons digging or mining on 
said lands, after the posting up of such 
statement, shall be deemed to have agreed 
to and accepted the terms thereof, and 
shall, together with such owner or lessee, 
be bound thereby, and upon failure or 
refusal to comply with the terms, condi¬ 
tions and requirements of such state¬ 
ment, he or they shall forfeit all right 
thereunder, and the owner or lessee, as 
aforesaid, of such lands, may re-enter 
theron and take possession of the same, 
nor shall the receipt of any ore or mineral 
by any such owner or lessee, after any 
such forfeiture has been incurred, be 
deemed or taken as a waiver of such for¬ 
feiture. (R. S. 1899, § 8766.) 

Sec. 8409. Forfeiture. —Whenever any 
such owner or lessee of real estate shall 
permit any person or persons, other then 
their servants, agents or employes, to en¬ 
ter and dig for lead ore or other minerals 




Relating to Mines and Mining. 5 


on such real estate, with his consent, but 
without such owner or lessee complying 
with the provisions of section 8408, and 
such person or persons having so entered 
upon said lands by the permission or 
consent of such owner or lessee as afore¬ 
said, and having in good faith dug or open¬ 
ed any shaft, mine, quarry, prospect or 
deposit of mineral, or extended or opened 
from any shaft or mine any room, drift, 
entry or other excavation, he or they 
shall have the exclusive right as against 
such owner or lessee giving such permit 
or consent, and against any person claim¬ 
ing by, through or under such owner or 
lessee, to continue to work, mine and 
dig such shaft, mine prospect or deposit 
of mineral so dug or opened by him or 
them as aforesaid, in said real estate, 
with a right of way over such lands for 
the purpose of such mining, for the term 
of three years from the date of the giving 
of such consent or permit: Provided, 
however, that if such person or persons, 
in each case so mining as aforesaid, shall 
fail or neglect to work or cause to be 
worked, such shaft, mine, quarry, pros¬ 
pect or deposit of mineral for ten days, 
not including Sundays, in any one cal¬ 
endar month, after commencing said 
work, he or they shall forfeit all rights 




6 


Laws of Missouri 


to work, mine or hold the same as against 
such owner or lessee, unless such failure 
or neglect was caused by unavoidable 
circumstances, or by the act of such 
owner or lessee or his agent, or unless 
such owner or lessee consent thereto: 
Provided, further, that such person or 
persons, so mining as aforesaid, shall pay 
to the owner or lessee of said lands giving 
such permit or consent the royalty for 
mining thereon, at least once every 
month, if demanded by such owner or 
lessee, by delivering the same to him at 
or near the mouth or opening of such 
mine, shaft or quarry, or at the nearest 
usual place of business of such owner or 
lessee, or at any other place that may be 
agreed upon by such miner and owner or 
lessee; which said royalty, unless other¬ 
wise agreed upon by them, shall be the 
same in kind and proportionate amount 
as is paid by others mining the same kind 
of ore or mineral on said lands to such 
owner or lessee, or the value of such 
royalty in cash; and if there be no other 
person mining on said lands on terms 
prescribed by such owner or lessee, then 
he or they shall pay to such owner or 
lessee the same rate and kind of royalty 
on lead ore or minerals taken 
put by him or them as is paid 




Relating to Mines and Mining. 7 


by miners on lands nearest there¬ 
to belonging to other persons, or 
the value of such royalty in cash. 
Such owner or lessee of any real estate 
shall have a lien on all minerals taken 
or dug therefrom for the royalty due 
thereon until the same is paid; and if 
any such person or persons so mining 
shall refuse or fail to pay such royalty 
to such owner or lessee, or his agent, 
when demanded as aforesaid, he or they 
shall thereby forfeit the right to work 
such mine, shaft, quarry, prospect or 
deposit of mineral, and the said owner 
or lessee may thereupon enter and take 
possession of the same. (R. S. 1899, 
§ 8767.) 

Sec. 8410. Tender of payment — 

Any such person or persons who, by 
the permission or consent of the owner 
or lessee of any real estate, and having 
the right to mine thereon, and having 
entered and dug or mined thereon any 
lead ore or other material, shall have the 
right to the exclusive possession of such 
ore or mineral, except the royalty there¬ 
on, which shall be paid as hereinbefore 
provided, until he or they shall be paid 
or tendered by such owner or lessee of 
such real estate the then highest market 
price in cash paid by such owner or lessee 





8 


Laws of Missouri 


for the same kind of ore or mineral dug 
or mip.ed on said lands, and if no other 
such ores or minerals are at the time 
being dug or mined on said lands and 
sold to such owner or lessee, then the 
highest price paid for such ore or mineral 
dug on lands nearest thereto shall be paid 
or tendered by such owner or lessee in 
such case, and upon such payment or ten¬ 
der, the absolute right to the possession of 
such lead ore or other mineral so dug out 
and mined under the provisions of the 
next preceding section, and for which 
siich payment or tender shall have been 
made, shall vest in such owner or lessee. 
(R. S. 1899, §8768.)- 
Sec. 8411. Notice to owney of les¬ 
see. —If any person or persons having 
dug or mined lead ore or other mineral, 
and having the same in his or their pos¬ 
session, and having offered to deliver 
such mineral according to contract, or 
paid or tendered the royalty, if any, due 
thereon, or the value of such royalty in 
cash, to such owner or lessee of said real 
estate, or to his agent, shall serve or 
cause to be served a notice in writing 
upon such owner or lessee or his agent, 
by delivering to him a copy thereof, or 
by leaving a copy thereof at the usual 
place of abode of such owner, lessee or 




Relating to Mines and Mining. 9 


agent, with some member of the family 
over the age of fifteen years, stating in 
such notice the amount of lead ore or 
other mineral he or they have ready for 
delivery, and requiring such owner, lessee 
or agent to receive and pay for the same, 
the said owner or lessee shall, within five 
days after the service of such notice, 
receive and pay for such lead ore or 
other mineral which the said person or 
persons digging or mining the same may 
deliver to him, not exceeding the amount 
named in the notice; and in such case, if 
such owner or lessee fail or refuse within 
the time aforesaid to pay for such lead 
ore or mineral delivered or offered to be 
delivered to him as aforesaid at the said 
price, then in that event the said person 
or persons who dug and mined the same 
shall thereupon acquire an absolute title 
to such lead ore or mineral, and may 
thereupon dispose of the same to any 
person or in any manner he or they may 
choose. (R. S. 1899, § 8769.) 

Sec. 8412. Sale of ore. —All lead ore 
or other mineral, dug or mined in or 
upon the lands of any person in this state, 
shall be deemed and held to be the abso¬ 
lute property of the owner or lessee of 
such lands, except in cases it is modified, 
changed or transferred by express con- 




10 


Laws of Missouri 


tract, and any person who shall unlaw¬ 
fully sell or convert to his own use, or 
remove or dispose of, or in any manner 
make away with or conceal any such ore 
or mineral, so as to deprive the owner 
thereof of the same, shall be deemed 
guilty of grand or petit larceny, accord¬ 
ing to the value of such ore or mineral. 
(R. S. 1899, § 8770.) 

Sec. 8413. Injunction or restraining 
orders—notice of application to dissolve. 
No injunction or restraining order shall 
be granted by any court or by any judge 
thereof to enjoin or restrain the work¬ 
ing of any mine or mines, or in any man¬ 
ner to interfere with the same, except 
upon notice first being given to the person 
working or operating said mine or mines, 
and sought to be enjoined or restrained, 
which notice shall be served by delivering 
to such person a copy thereof, or by leav¬ 
ing a copy thereof at his usual place of 
abode with a member of the family over 
the age of fifteen years, at least five days 
before the day set for the hearing of the 
application for the injunction; and the 
court or judge granting such injunction 
or restraining order shall have the power 
upon good cause being shown, to dis¬ 
solve, vacate or modify any such injunc¬ 
tion or restraining order at any time af- 




Relating to Mines and Mining. 11 


ter the same shall have been grantexi, 
whether in term time or vacation: Pro¬ 
vided, that the party applying to such 
court or judge to disolve, vacate or mod¬ 
ify any such injunction or restraining 
order shall give due notice to the opposite 
party of such intended application. (R. 
S. 1899, § 8771.) 

Sec. 8414. Affidavit of course of drift 
and order to be made. —When any owner, 
tenant or sub-tenant of a lot or lots or 
tract of land, shall file with any justice 
of the peace within the county in which 
said lot or lots or tract of land may be 
situated his or her affidavit, or the affi¬ 
davit of any other creditable person for 
them, stating that from knowledge, in¬ 
formation or belief, the party or parties 
owning, controlling or working the ad¬ 
joining lot or lots or tract of land, and 
upon which said party or parties are 
sinking shafts, mining, excavating and 
running drifts, and that said drifts in 
which said parties are digging, mining 
and excavating mineral ore or veins of 
coal extend beyond the lines and bound¬ 
aries of said lot or lots or tract of land, 
owned, controlled or worked by them, 
and have entered in and upon the prem¬ 
ises of the party or parties making said 
affidavit, or for whom said affidavit i« 



12 


Laws of Missouri 


made, the justice of the peace, after first 
being tendered his lawful fees, shall issue 
his written order and deliver or cause the 
same to be delivered to the county sur¬ 
veyor or his deputy, commanding him 
after his reasonable fees have been tend¬ 
ered, to proceed without delay to survey 
said drift by entering any and all shafts 
upon said lot or lots or tract of land that 
he (the surveyor) may see fit, for the 
purpose of ascertaining the course and 
distance of said drift or drifts, and to 
locate the same upon the surface. (R. S. 
1899, § 8772.) 

Sec. 8415. Order to be read. —The 
surveyor shall, before entering upon said 
duty, read said order to the party or 
parties owning, controlling or working 
any shaft or shafts on said lot or lots or 
tract Of land. (R. S. 1899, § 8773.) 

Sec. 8416. Refusal to obey order a 
misdemeanor. —If said party or parties 
owning, controlling or working said shaft 
or shafts on said lot or lots or tract of 
land shall refuse,'hinder or prevent said 
county surveyor or his deputy and his 
assistant from entering said shaft or 
shafts or drifts, to make the survey^ so 
ordered by the justice of the peace, and 
every person so offending shall, on con¬ 
viction, be adjudged guilty of a misde- 




Relating to Mines and Mining.\ 13 


meaner, and punished by imprisonment 
in the county jail for a term of not ex¬ 
ceeding one year, or by a fine not exceed¬ 
ing three hundred dollars, or by both 
said fine and imprisonment. ’ (R. S. 
1899, §8774.) 

See. 8417. Owner or lessee shall drain 
mine, etc. —When any person owning any 
real estate in this state, or any person or 
persons having a leasehold therein for 
the purpose of mining for lead or zinc 
ore thereon by lease from such owner, 
shall open such real estate for mining 
purposes, and shall permit any person or 
persons other than their agents, servants 
or employes to enter and dig or mine for 
lead or zinc ores thereon, and shall make 
any rule or contract whereby any pump- 
rent or royalty is reserved unto said land 
owner or lessee for the drainage of the 
land so mined, and shall fail or refuse to 
drain any such land or mining lot to the 
full depth to which the laborers are 
working or seeking to work, but prevent¬ 
ed by water, then and in such event, 
such owner or lessee thereof shall not 
be entitled to collect or retain any pump 
rent or royalty so reserved as aforesaid 
for any ores taken from said mine or lot, 
below the depth of the water level in 
said mine or lot, so long as said owner or 





14 


Laws of Missouri 


lessee shall fail to refuse to drain said 
mine, nor shall such land owner or lessee 
be entitled to forfeit any right to hold 
and mine said lot so long as work is pre¬ 
vented therein by reason of water accum¬ 
ulated therein, on account of any failure 
to drain said mine by such land owner oi 
lessee, any rule, contract or agreement 
to the contrary notwithstanding. (R. S. 
1899, § 8775.) 

Sec. 8418. Scrapping for ore prohib¬ 
ited, etc.—penalty. —It shall be unlawful 
for any person to take or in any manner 
receive or obtain any lead or zinc ore by 
by means of gleaning or euUing, common¬ 
ly called “scrapping,” without first hav¬ 
ing obtained the written consent of the 
person having possession and control of 
the mine from which said ores are to be 
taken; and it shall be unlawful for any 
person or company of persons to pur¬ 
chase, or in any manner to receive any 
lead or zinc ore which may have been 
stolen or taken by means of culling 
or gleaning, commonly called “scrap¬ 
ping,” without such written consent as 
aforesaid, knowing that said ores have 
been so stolen or taken without written 
consent, as herein provided. Any person 
violating the provisions of this section, 
on conviction, shall be punished by fine 





Relating to Mines and Mining. 15 


of not more than one hundred dollars, or 
by imprisonment in the county jail not 
more than one year, or by both such fine 
and imprisonment, and the inadequacy 
of the price paid for such ore, the quan¬ 
tity purchased or received, and the fact 
that the person from whom such ores 
may have been purchased or received is 
not regularly engaged in running or 
operating mines for such ores, may be 
shown, and shall be received as prima 
facie evidence of guilty knowledge of the 
person so purchasing or receiving such 
ores; Provided, however, that nothing 
herein contained shall be so construed as 
to prevent any person from gleaning, cul¬ 
ling or scrapping for ores about his own 
mine, nor to prevent any person from 
purchasing such ores when the same have 
been obtained in such manner by the 
owner or operator of any such mine. 
(R. S. 1899, § 8776.) 

Sec. 8419. Indemnity bond required 
to mine in certain cities, etc.—violation a 
misdemeanor — penalty. —No person, 
company or corporation shall hereafter 
sink a shaft, mine, tunnel, excavate or 
drift for coal, or take out any coal of 
any kind within the corporate limits or 
designated boundaries of any city, town 





16 


Laws of Missouri 


or village in this state containing one 
thousand inhabitants or more, without 
having first applied and filed, and have 
approved, an indemnity bond as herein¬ 
after provided for; and any person or 
persons violating the provisions of this 
section, and any member or stockholder 
or officer of any company or corporation 
who shall violate the provisions of this 
section, shall be deemed guilty of a mis¬ 
demeanor, and on conviction thereof 
shall be punished by fine of not less than 
five hundred dollars, or imprisonment in 
the county jail for not less than six 
months, or by both such fine and im¬ 
prisonment. (R. S. 1899, § 8777.) 

Sec. 8420. Notice of intention to mine 
publication required. —Every person, 
company or corporation desiring to carry 
on any of the mining operations provided 
for in the preceding section shall give 
at least thirty days’ notice of such inten¬ 
tion by notice printed and published in 
some newspaper printed in such town, 
city or village wherein such mining oper¬ 
ations are supposed to be carried on, or 
if no newspaper be printed in such city, 
town or village, then in some newspaper 
printed in said county, or if no newspaper 
be printed in such county, then by writ¬ 
ten or printed handbills posted up in six 




Relating to Mines and Mining. 17 


public places in the city, town or village 
wherein such mining operations are sup¬ 
posed to be carried on. Such notice shall 
contain accurate description of the local¬ 
ity where such mining operations are to 
be carried on, giving the number of lot 
and block, and shall also state the nature 
of such mining operations, and name 
some day of the term of the next circuit 
court in said county, thereafter to be 
holden, when such person, company or 
corporation will offer for filing and ap¬ 
proval the indemnity bond hereinafter 
provided for. (R. S. 1899, § 8778.) 

Sec. 8421. Permit from mayor and 
council—petition to circuit court. —On 
the day mentioned in such notice, the 
persons, company or corporation pro¬ 
posing to carry on such mining operations 
must have a permit, in writing, signed by 
the mayor and a majority of the city 
council of the town, city or village in 
which such mining is proposed, before a 
permit shall be granted by a circuit court, 
and shall present their petition to said 
circuit court, setting out the locality 
of the proposed mines and the nature 
and extent of the proposed mining 
operations, and shall also file with such 
petition the title papers of such person 




18 


Laws of Missouri 


or company or corporation to the lands 
on which such mining operations are 
proposed to be carried on, showing 
either the fee simple title of such land, 
in such company, or the right to mine 
beneath or in such land, and shall also 
contain the names of all persons to be 
offered as security upon the mining bond 
of such persons, company or corporation, 
and shall pray the court to fix and ap¬ 
prove the mining bond of such persons 
or corporation. (R. S. 1899, § 8779, 
amended. Laws 1909, p. 695.) 

Sec. 8422. Testimony on application 
—bond, etc.—time granted. —The court 
may, upon such application, hear testi¬ 
mony upon all the matters involved 
in such application including testimony 
upon the solvency and responsibility of 
the sureties offered, and may hear testi¬ 
mony from any parties interested in the 
lots and lands in the neighborhood of such 
proposed mining operations, and if the 
court is satisfied that the proposers own 
the land or mining privileges under the 
land described in their petition, the court 
shall fix the amount of the bond to be 
given by such proposers, such bond to be 
in no case for less than one thousand dol¬ 
lars; and upon the giving and approval of 
such bond so fixed by the court, the court 




Relating to Mines and Mining. 19 


shall enter its order authorizing the min¬ 
ing operations specified in said petition, 
and upon the localities therein named, and * 
not elsewhere, for the space of two years, 
unless in the meanwhile revoked. (R. S. 
1899, § 8780.) - . . 

Sec. 8423. Bond required. —Such bond 
shall be signed by the proposers and by 
not less than two sureties, to be approved 
by said court, residents of the county 
wherein such mining is to be carried on, 
and shall be made payable to the state 
of Missouri, and conditioned that the 
principal in said bond shall carry on the 
mining operations proposed in the peti¬ 
tion in a careful manner, and the said 
parties shall not mine, dig, excavate nor 
take coal nor earth from or under any land 
or lots than that described in the said 
bond, and shall pay all damages that 
may be sustained by any and all persons 
by reason of the violation of any of the 
conditions of said bond, and any and all 
charges, fines and penalties that may be 
levied, assessed against or imposed upon 
the said proposers, their agents, servants, 
stockholders, officers or employes, by 
reason of any violation of the condi¬ 
tions of said bond or any of the provi¬ 
sions of section 8419 to 8427, inclusive. 
(R. S. 1899, § 8781.) 




20 


Laws of Missouri 


Sec, 8424. Written permission of prop¬ 
erty owner—violation, misdemeanor— 
penalty, fines, etc. —Any person or per¬ 
sons who shall in person or by their ser¬ 
vant, agent or employe, dig, excavate, 
mine, tunnel or drift upon or under 
the lands or lots of another, within 
the incorporate limits or designated 
boundaries of any city, town or village in 
this state, and every officer and stock 
holder that shall either authorize or per¬ 
mit its servants, agents or employes to 
dig, excavate, mine, tunnel or drift upon 
or under the lands or lots of another 
within such limits or boundaries of such 
city, town or village, without the written 
permission of the owner or owners of such 
land or lots, shall be deemed guilty of a 
misdemeanor, and shall be punished on 
conviction, for every such offense, by 
fine of not less than five hundred dollars, 
with costs, which fine and costs, if not 
paid within five days after conviction, 
may be sued for and recovered against 
the parties and sureties on the mining 
bond of such persons, company or cor¬ 
poration liable for such acts, in a suit 
upon such bond, in the name of the state 
of Missouri, to the use of the county in 
which such offense is committed; 
such fine, when collected, shall be paid. 




Relating to Mines and Mining. 21 


one-half to the owner of the property 
injured by such offense and the other 
half into the school fund of such county; 
but no such conviction shall be a bar to 
the owner of such property prosecuting 
a suit on said bond to his own use for the 
damages sustained by any such offense. 
Every such conviction, whether appealed 
from or not, shall work a forfeiture of the 
authority to mine granted such person, 
company or corporation liable, and they 
shall not proceed further with the oper¬ 
ations, except by making application and 
giving a new bond as in the first instance. 
(R. S. 1899, §8782.) 

Sec. 8425. Costs attending notice— 
The costs attending the giving notice, 
making application and receiving mining 
privileges shall all be paid by the person, 
company or corporation making the 
same, and no such privilege shall take 
effect until all such costs be paid. (R. S. 
1899, § 8783.) 

Sec. 8426. Diagram of mines, etc., to 
be filed in court. —At each term of the 
circuit court, during the continuance of 
any mining license, every person, com¬ 
pany or corporation carrying on such 
mining operations shall, at their own 
expense, caused to be made by the county 
surveyor of the county where such mines 




22 


Laws of Missouri 


are located, and filed with the court, 
under oath of such surveyor, a complete 
and true diagram of such mines, showing 
with reference to the boundaries of such 
mines, and the lots and lands of neigh¬ 
boring owners, the extent of such mines, 
their drifts, tunnels and excavations, 
giving the length and breadth of 
each drift, bank and tunnel, so as 
to fully inform the court and parties 
in interest of the extent and character 
of such mining operations. Such plats 
and diagrams shall remain on file with 
the clerk of such court, and shall not be 
removed by any one from the files of 
such court. Any failure to file the dia¬ 
gram and plat herein provided for, or 
to make such diagram show all the par¬ 
ticulars herein provided for, shall work 
a forfeiture of the mining privileges of 
such person, company or corporation, 
which forfeiture the court shall, on the 
motion of any party in interest, declare 
on three days’ notice to the party hold¬ 
ing such license or privilege. (R. S. 
1899, § 8784.) 

Sec. 8427. Application of certain sec¬ 
tions to mining companies. —In no ease 
shalfthe eight preceding sections of this 
article be so construed as to apply to 
persons, companies or corporations en- 




Relating to Mines and Mining. 23 


g-aged in mining for lead, zinc or other 
ores or minerals, except coal. (R. S. 
1899, § 8785..) 

See. 8428. Mining under public high¬ 
ways and railroads prohibited. —No per¬ 
son or persons, firm or association of 
persons, company or_corporation shall, 
within this state, mine or excavate be¬ 
neath the surface of any public highway 
or railroad right of way, in such manner 
as to cause the surface of the ground 
over which such public highway or rail¬ 
road track is constructed to cave in. 
(Laws 1909, p. 436.) 

Sec. 8429. Penalty for violation.— 
Any person, firm, company, association 
or corporation, violating the provisions 
of the preceding section, and any officer, 
agent or receiver of any firm, company, 
association or corporation, or any mem¬ 
ber of the same, or any individual, found 
guilty of a violation thereof, shall be 
fined not less than one hundred dollars 
nor more than five hundred dollars, or 
be imprisoned in the county jail not to 
exceed one year, or suffer both penalties. 
(Laws 1909, p. 436.) 

Sec. 8430. Screening coal before 
weighing, prohibited. —^It shall be unlaw¬ 
ful for any mine owner, lessee or operator 
of coal mines in this state, employing 




24 


Laws of Missouri 


miners at bushel or ton rates, or othei^ 
quantity, to pass the output of coal^ 
mined by said miners over any screen or! 
any other device which shall take any’ 
part from the value thereof before the! 
same shall have been weighed and duly 
credited to the employe sending the 
same to the surface, and accounted for 
at the legal rate of weights as fixed by the . 
laws of Missouri; and no employe within' 
the meaning of this section shall be' 
deemed to have waived any right accru¬ 
ing to him under this section by any 
contract he may make contrary to the 
provisions thereof. And any provision, 
contract or agreement between mine i 
owners or operators thereof, and the ' 
miners employed therein, whereby the 
provisions of this section are waived, 
modified or annulled, shall be void and ' 
of no effect, and the coal sent to the sur¬ 
face shall be accepted or rejected; and if 
accepted, shall be weighed in accordance 
with the provisions of this section, and 
right of action shall not be invalidated 
by reason of any contract or agreement; 
and any owner, agent or operator of any 
coal mine in this state who shall know¬ 
ingly violate any of the provisions of 
this section shall be deemed guilty of a 
misdemeanor, and, upon conviction, 








Relating to Mines and Mining. 25 


shall be punished by a fine of not less 
than two hundred dollars nor more than 
five hundred dollars for each offense, or 
by imprisonment in the county jail for 
a period of not less than sixty days nor 
more than six months, or by both such 
fine and imprisonment; proceedings to be 
instituted in any court having competent 
jurisdiction. , (R. S. 1899, § 8786.) 

Sec. 8431. Weighman shall take oath, 
etc., penalty. —The weighman employed 
at any mine shall prescribe an oath or af¬ 
firmation before a justice of the peace, 
or other officer authorized to administer 
oaths, to do justice between employer 
and employe, and to truly and correctly 
weigh the output of coal from the mines 
as herein provided. The miners em¬ 
ployed by or engaged in working for any 
mine owner, operator or lessee of any 
mine in this state shall have the privilege, 
if they desire, of employing at their own 
expense a check weighman,who shall 
have like equal rights, powers and priv¬ 
ileges in the weighing of coal as the reg¬ 
ular weighman, and be subject to the 
same oath and penalties as the regular 
weighman. Said oath or affirmation 
shall be kept conspicuously posted in the 
weigh-office, and any weigher of coal or 
person so employed, who shall knowingly 


2 




26 


Laws of Missouri 


violate any of the provisions of this arti¬ 
cle, or any owner, operator or agent of 
any coal mine in this state who shall for¬ 
bid or hinder miners employing or using a 
check-weighman as herein provided, or 
who shall prevent or willfully obstruct 
any such check-wnighman in the dis¬ 
charge of his duty, shall be deemed guilty 
of a misdemeanor, and upon conviction 
shall be punished by a fine of not less than 
one hundred dollars nor more than five 
hundred dollars for each offense, or by 
imprisonment in the county jail for a 
period not less than thirty days nor more 
than ninety days, or by both such fine 
and imprisonment, proceedings to be 
instituted in any court having competent 
jurisdiction. Whenever the coal mine 
inspector shall be satisfied that the pro¬ 
visions of this section have been willfully 
violated, it shall be his duty to forth¬ 
with inform the prosecuting attorney of 
any such violation, together with the 
all the facts in his knowledge, and the 
prosecuting attorney shall thereupon 
investigate the charge so preferred, and 
if he be satisfied that the provisions of 
this section have been so violated, it 
shall be his duty to prosecute the person 
or persons guilty thereof. (R. S. 1899, 
§8787.) 




Relating to Mines and Mining. 27 


Sec. 8432. Penalty for using false 
scales. —Every owner, agent or operator 
of any coal mine in the state, employing 
miners at bushel or ton rates, shall pro¬ 
vide at such mine or mines accurate and 
suitable scales of standard manufacture 
upon which shall be weighed all coal 
coming out of such mine or mines; said 
scale or scales to be located at a reason¬ 
able distance from the point where the 
coal is delivered to the surface opening 
of the mine or mines, and in no case shall 
said scale or scales be located at a greater 
distance from said surface opening of the 
mine or mines than one hundred feet. 
Any owner, agent, operator, person, or 
persons having or using any scales or 
scale for the purpose of weighing the 
product of the miners’ labor, and so 
arranges or constructs said scale or 
scales, or by any contrivance therewith 
connected causes the fraudulent weighing 
of such coal or said product, or who shall 
knowingly resort to, permit or employ any 
person or means whatsoever, by reason 
of which said product of the mine is not 
correctly weighed and reported in accord¬ 
ance with the true weight and the provi¬ 
sions of this article,shall be deemed guilty 
of a misdemeanor, and shall, upon convic- 




28 


Laws of Missouri 


tion for each and every offense, be pun¬ 
ished by a fine of not less than two hun¬ 
dred dollars, nor more than five hundred 
dollars, or by imprisonment in the county 
jail for a period not to exceed ninety 
days, or by both such fine and imprison¬ 
ment; proceedings to be instituted in any 
court of competent jurisdiction. (R. S. 
1899, §8788.) 

Sec. 8433. Shall apply to loaders in 
certain mines. —The manner of weighing, 
as hereinbefore provided for, shall apply 
to the class of workers in mines known 
as loaders, engaged in mines wherein the 
mining is done by machinery, whenever 
the workmen are under contract to load 
coal by the bushel, ton, or any quantity 
the settlement of which is had by weight. 
(R. S. 1899, §8789.) 

Sec. 8434. Inspector to test scales.— 
The coal mine inspector of this state 
shall be ex officio inspector of weights, 
measures and scales used at coal mines, 
and he is hereby empowered and it shall 
be his duty to test the scales used to 
weigh coal mined in the mines of this 
state at least every six months, to ascer¬ 
tain whether or not such scales correctly 
measure the weight of such coal, and if 
defects or irregularities are found, such' 
scales which prevent correct weights and 




Relating to Mines and Mining. 29 


measurements the inspector shall ^call 
.the attention of the mine owner, agent 
or operator to said defects and direct 
that the same be at once properly ad¬ 
justed and corrected. If the owner, agent 
or operator of any coal mine in this 
state, shall refuse to allow such inspector 
to properly test the scales used at such 
mine or mines, or shall fail or refuse to 
put such scales in proper adjustment and 
condition, so that the same shall correct¬ 
ly weigh the coal mined after being noti¬ 
fied by said inspector so to do, such own¬ 
er, agent or operator shall be deemed 
guilty of a misdemeanor, and upon con¬ 
viction thereof, shall be fined not exceed¬ 
ing five hundred dollars, or be confined 
in the county jail not exceeding six 
months, or both, in the discretion of 
the court, and it shall be the duty of the 
prosecuting attorneys in the respective 
counties to prosecute any person, firm 
or corporation violating the provisions 
of this section the same as in other mis¬ 
demeanor cases. (R. S. 1899, § 8790.) 

See. 8435. Wages to be paid semi¬ 
monthly—penalty. —All persons or cor¬ 
porations engaged in or operating any 
mines, stone or granite quarries in this 
state shall pay their employes once in 
every fifteen days in lawful money of the 




30 


Laws of Missouri 


United States, and at no pay day shall 
there be withheld any of the earnings 
due any such employe: Provided, per¬ 
sons or corporations operating coal 
mines may withhold not to exceed five 
days of the earnings of employes. Any 
such operator or employer failing or re¬ 
fusing to pay his employes, their agents 
or assigns or any one duly authorized to 
collect such wages as in this section pro¬ 
vided, shall become immediately liable 
to such employe, his agent, assigns or 
anyone authorized to collect such wages 
for an amount double the sum due such 
employes at the time of such failure or 
refusal to pay the amount due, to be 
recovered by civil action in any court of 
competent jurisdiction within this state. 
(R. S. 1899, § 8791 amended. Laws 1903, 
p. 246.) 

Sec. 8436. Miners’ and employes’ 
lien.—All miners and other employes 
engaged in the work of developing and 
opening up coal mines, the sinking of 
shafts, the construction of slopes or 
drifts, the driving of entries, mining coal, 
and for all other labor performed in and 
about coal mines, shall have, as security 
for such work performed a lien upon all 
the property of the person, owner, agent, 
firm, or corporation owning, construct- 




Relating to Mines and Mining. 31 


ing or operating such mine or mines, 
used in construction or operation thereof, 
including real estate, building, machin¬ 
ery, pit cars, tracks, mules, scales, and 
all other personal property, to satisfy in 
full the amount due for such labor per¬ 
formed; the same to be enforced and 
secured upon the same general terms and 
after the manner of procedure in grant¬ 
ing mechanics’ liens. (R. S. 1899, § 
8792.) 

Sec. 8437.* Miners not to be worked 
more than eight hours in a day. —It shall 
be unlawful for any person or corpora¬ 
tion engaged in mining for minerals, coal 
or any valuable substance, or making 
excavations beneath the surface of the 
earth while searching for minerals, coal 
or any valuable substance, to work their 
hands or employes at such labor or in¬ 
dustry longer than eight hours in a day of 
twenty-four hours, audit is hereby de¬ 
clared that eight hours shall constitute a 
day for all laborers or employes engaged 
in the kind of labor or industry afore¬ 
said. (R. S. 1899, § 8793, amended. 
Laws 1901, p. 211.) 

Sec. 8438. Penalty. —Any person or 
persons or corporation who shall violate 
any of the provisions of the preceding 
section shall, on conviction, be fined in a 




32 


Laws of Missouri 


sum not less than twenty-five nor more 
than five hundred dollars. (R. S. 1899, 
§ 8794, amended. Laws 1901, p. 211.) 

Sec. 8439. Miners to be brought to 
surface for meals. —On and after the 
passage and taking effect of this section, 
all owners, lessees and operators of any 
mine in this state, the work of which is 
located below the surface of the ground, 
entrance to which is had by any shaft, cut 
or tunnel, shall allow the laborers and 
miners in their several mines to come to 
the surface of the ground for the purpose 
of eating their noonday meal or any other 
meal for which, under the rules of any 
mine a time is set apart; and that at least 
one hour shall be allowed any miner or 
laborer for that purpose, and for rest 
after he reaches the surface of the ground, 
and before re-entering into any mine 
where he or she may be engaged as 
laborer or miner. Also, that the owner, 
lessee or operator of any mine in this 
state is hereby required to run his cage 
or hoisting apparatus to the surface of 
the ground for the purpose of carrying 
any such miner or laborer, who may be 
going to or returning from any such 
aforementioned meal and rest, free of 
cost to any such miner or laborer. (R. S. 
1899, § 8795.) 




Relating to Mines and Mining. 33 


Sec. 8440. Violation of preceding sec¬ 
tion—penalty. —Any owner, lessee or 
operator of any mine in this state who 
shall fail or refuse to carry out any 
of the provisions of section 8439 of this 
article shall be deemed guilty of a mis¬ 
demeanor, and, upon conviction thereof, 
shall be fined in a sum of not less than one 
dollar nor more than twenty-five dollars;- 
and each failure or refusal shall consti¬ 
tute a separate offense. (R. S. 1899, § 
8796.) 


ARTICLE II. 

Inspection of Mines and Safety of 
Miners 

Sec. 8441. Maps of mines to be pre¬ 
pared, etc. —The owner, agent or opera¬ 
tor of each and every mine in this state, 
employing ten or more men, shall make 
or cause to be made, at the discretion of 
the inspector or other person acting in 
that capacity, an accurate map or plans 
of the workings of such mine and’ each 
and every vein thereof, showing the gen¬ 
eral inclination of the strata, together 
with any material defiections of the said 
workings and the boundary lines of said 
mine, and deposit a true copy of said map 
3 





34 


Laws of Missouri 


or plan with the clerk of the county 
court of each county wherein may be 
located the said mine; which said map or 
plan shall be so filed or deposited within 
three months after the time when this 
article shall take effect, and a copy 
of such map or plan shall also be 
kept for inspection at the office 
of the said mine; and during the month 
of January of each and every year after 
this article shall have taken effect, the 
said owner, agent or operator shall fur¬ 
nish the inspector and the clerk of the 
county court as aforesaid with a state¬ 
ment, and a further map or plan of the 
progress of the workings of such mine, 
continued from the last report to the end 
of the month of December, next preced¬ 
ing, and the inspector shall correct his 
map or plan of said workings in accord¬ 
ance with the statement and map or plan 
thus furnished; and when any mine is 
worked out or abandoned, that fact shall 
be reported to the inspector, and the 
map or plan of such mine in the office of 
the clerk of the county court shall be care¬ 
fully corrected and verified. (R. S. 1899, 
§ 8797.) 

Sec. 8442. Inspector to make map if 
owner fails—cost. —Whenever the owner, 
agent or operator of any mine shall neg- 




Relating to Mines and Mining. 35 


lect, fail or refuse to furnish the said 
inspector and clerk as aforesaid with a 
statement, the map or plan or addition 
thereto, as provided in section 8441 of 
this article, at the times and in the man¬ 
ner therein provided, the said inspector 
is hereby authorized to cause an accurate 
map or plan of the workings of such mine 
to be made at the expense of the said 
owner, agent or operator, and the cost 
thereof may be recovered by law from 
said owner, agent or operator, in the same 
manner as other debts, by suit in the 
name of the inspector and for his use. 
(R. S. 1899, §8798.) 

Sec. 8443. Escapement 'shafts, how 
constructed, etc. —It is unlawful for any 
owner, agent or operator of any coal mine 
worked by shaft to employ or permit any 
person to work therein unless there are 
to every seam of coal worked in each 
mine at least two separate outlets, separ¬ 
ated by natural strata of not less than 
three hundred feet in breadth, by which 
shafts or outlets distinct means of ingress 
and egress are always available to the 
persons employed in the mine; but it is 
not necessary for the two dutlets to be¬ 
long to the same mine if the persons 
employed therein have safe, ready and 
available means of ingress and egress 




36 


Laws of Missouri 


by not less than two openings; the com¬ 
munication or roadway between the 
two openings, or the two openings fur¬ 
nished by a connection between two dis¬ 
tinct mines, shall at all times be kept 
clean and of such width and height 
as to make the same safe and available 
for a speedy exit in case of accident. 
The escapement shaft shall be fitted with 
safe and available appliances by which 
the persons employed in the mine may 
readily escape in case an accident occurs 
deranging the hoisting machinery at the 
main outlets, and such means or appli¬ 
ances for escape, shall always be kept in 
a safe condition, and in no case shall an 
air shaft with a ventilating furnace at 
the bottom be construed to be an aseape- 
ment shaft within the meaning of this 
section. The cage or cages and other 
means of egress shall at all times be avail¬ 
able for the persons employed when there 
is no second outlet. To all other coal 
mines, whether slopes or drifts, two such 
openings or outlets must be provided 
within twelve months after shipments 
of coal have commenced from such mine, 
and in case such outlets are not provided 
as herein stipulated, it shall not be law¬ 
ful for the owner, agent or operator of 
such slope or drift to permit more than 




Relating to Mines and Mining. 37 


five persons to work therein at any one 
time. (R. S. 1899, § 8799.) 

Sec. 8444. Violation of preceding sec¬ 
tion—penalty.—Any owner, ag nt or 
operator of a coal mine in this state violat¬ 
ing the provisions of the preceding sec¬ 
tion shall be deemed guilty of a misde¬ 
meanor, and for each offense, on convic¬ 
tion, shall be fined not less than fifty or 
more than two hundred dollars, or by 
imprisonment in the county jail not less 
than three or more than twelve months, 
or by both such fine and imprisonment. 
(R. S. 1899, § 8800.) 

Sec. 8445. Ventilation—fire damp, 
etc.—The owner, agent or operator of 
every coal mine, whether operated by 
shaft, slope or drift, shall provide and 
maintain for every such mine a good and 
sufficient amount of ventilation for such 
men and animals as may be employed 
therein, the amount of air in circulation 
to be in no case less than one hundred 
cubic feet for each man, and six hundred 
cubic feet for each animal, per minute, 
measured at the foot of the downcast, 
and the same to be increased at the dis¬ 
cretion of the inspector according to the 
character and the extent of the workings, 
or to the amount of powder used in 
blasting; and said volume of air shall be 




38 


Laws of Missouri 


forced and circulated to the face of every 
working place throughout the mine, so 
that such mine shall be free from standing 
powder-smoke and gases of every kind, 
all doors set on main entries for the pur¬ 
pose of conducting the ventilation shall- 
be so constructed and hung as to close 
of themselves when opened, and shall be 
made sufficiently tight to effectually 
obstruct the air-currents. In all mines 
employing fifty or more men, a boy or 
trapper shall be kept in attendance upon 
such doors, to see that they are kept 
securely closed, and the air-currents 
properly controlled. Whenever the in¬ 
spector shall find men working without 
sufficient air, or under anymnsafe condi¬ 
tions, he shall first give the operator a 
reasonable notice to rectify the same, and 
upon his refusal to do so, may himself 
order them out until said portions of said 
mine shall be put in proper condition.. 
The ventilation required by this section 
may be produced by any suitable ap¬ 
pliances, but in case a furnace shall be 
used for ventilating purposes, it shall be 
built in such a manner as to prevent the 
communication of fire to any part of the 
works, by lining the upcast with in¬ 
combustible material for a sufficient dis¬ 
tance up from said furnace. (R. S. 1899, 
§ 8801.) 




Relating to Mines and Mining. 39 


Sec. 8446. Ventilation—separate air- 
currents required. —Every owner, agent 
or operator of every coal mine, whether 
operated by shaft, slope or drift, employ¬ 
ing more than fifty persons in such mine, 
shall on and after the first day of Sep¬ 
tember, 1905, in providing and main¬ 
taining the ventilation required by 
section 8445, split the volume of air cir¬ 
culating in such mine into separate curr 
rents so that not more than fifty persons 
working in such mine shall be supplied 
by the same current of air. (Laws 1905, 
p. 237.) 

Sec. 8447. Certain mines to be ex¬ 
amined daily. —All mines generating ex¬ 
plosive gas in which men are employed 
shall be examined every morning by a 
practical and duly authorized agent of 
the proprietor, to determine whether 
there are any dangerous accumulations 
of gas, or lack of proper ventilation, or 
obstructions to roadways, or any other 
dangerous conditions; and no person shall 
be allowed to enter the mine until the 
examiner shall have reported all of the 
conditions safe for beginning work. Such 
examiner shall make a daily record of the 
condition of the mine, in a book kept for 
.that purpose, which shall be open at all 
times to the examination of the inspector. 




40 


Laws of Missouri 


The currents of air in mines shall be so 
split as to give a separate current to at 
at least every fifty men at work, and the 
mine inspector shall have discretion to 
order a separate current for a smaller 
number of men, if special conditions 
render it necessary. (R. S. 1899, § 8802, 
amended. Laws 1907, p. 362.) 

Sec. 8448. Experienced persons to 
handle explosives, etc. —It shall be un¬ 
lawful for any operator or agent of a coal 
mine to employ persons underground 
whose duties may involve contact with 
infiammable gases, or the handling of 
explosives, who have not had experience 
in such duties, unless all such employes 
are placed under the immediate charge 
and control of some competent and ex¬ 
perienced miner, so as to secure the safety 
of other persons employed in the same 
mine. (R. S. 1899, § 8803.*) 

Sec. 8449. Blasting holes to be 
charged, how. —It shall be unlawful for 
coal miners in any mine to charge a 
blasting hole with loose powder, or other¬ 
wise than with a properly constructed 
cartridge; and in dry and dusty mines, 
it shall be unlawful to load cartridges in 
the mines except with a powder-can 
constructed for the purpose. (R. S. 
1899, § 8804.) 




Relating to Mines and Mining. 41 


Sec. 8450. Traveling ways through 
shafts, etc. —The bottom of every shaft 
shall be supplied with a traveling way, 
to enable men to pass from one side of 
the shaft to the other, and without pass¬ 
ing under or over the cages. All sumps 
shall be securly planked over so as to 
prevent accidents to men. (R. S. 1899; 
§ 8805.) 

Sec. 8451. Penalty for offenses.— 
Every owner, agent or operator of any 
coal mine in this state, employing five or 
more persons, violating any of the pro¬ 
visions of sections 8445 to 8450, inclu¬ 
sive, shall be deemed guilty of a misde¬ 
meanor, and on conviction shall be fined 
for each offense not less that fifty nor 
more than two hundred dollars, or by 
imprisonment in the county jail not less 
than three nor more than twelve months, 
or by both such fine and imprisonment. 
(R. S. 1899, §8806.) 

Sec. 8452. Oils for illuminating pur¬ 
poses. —Only a pure animal or vegetable- 
oil, or other oil as free from smoke as a 
pure animal or vegetable oil, and not the 
product or by-product of rosin, and 
which shall, on inspection, comply with 
the following test, shall be used for illum¬ 
inating purposes in the mines of this 
state. All such oil must be tested’ at. 




42 


Laws of Missouri 


60 degrees Fahrenheit. The specific 
gravity of the oil must not exceed 24 
degrees Tagliabue. The test of the oil 
must be made in a glass jar one and five- 
tenths inches in diameter by seven inches 
in depth. If the oil to be tested is below 
45 degrees Fahrenheit, in temperature, 
it must be heated until it reaches about 
80 degrees Fahrenheit; and should the oil 
be above 45 degrees and below 60 de¬ 
grees Fahrenheit, it must be raised to a 
temperature of about 70 degrees Fahren¬ 
heit, when, after being well shaken, it 
should be allowed to cool gradually to a 
temperature of 60 degrees Fahrenheit 
before finally being tested. In testing 
the gravity of the oil, the Tagliabue 
hydrometer must be, when possible, 
read from below, and the last line which 
appears under the surface of the oil shall 
be regarded as the true reading. In case 
the oil under test should be opaque or 
turbid, one-half of the capillary attrac¬ 
tion shall be deemed and taken to be the 
true reading. Where the oil is tested 
under difficult circumstances, an allow¬ 
ance of one-half degree may be made for 
possible error in parallax, before con¬ 
demning the oil for use in the mine. 'All 
oil sold to be used for illuminating pur¬ 
poses in the coal mines of this state shall 




Relating to Mines and Mining. 43 


be contained in barrels or packages, 
branded conspicuously with the name of 
the dealer, the specific gravity of the oil, 
and the date of shipment. (R. S. 1899, 
§ 8807.) 

Sec. 8453. Penalty. —Any person or 
persons, firm or corporation Avhich ships 
any oil contained in any barrel or barrels, 
package or packages, which are not 
branded as prescribed in section 8452, 
said oil to be used for illuminating 
purposes in coal or other mines, and any 
person or persons, firm or corporation 
which sells any oil other than that pre¬ 
scribed in section 8452, to be used for 
illuminating purposes in coal mines, and 
any person or persons, firm or corpora¬ 
tion having in charge the operation or 
running of any coal mine, which, in a 
mine under his or its charge, uses or 
permits the use of any oil other than that 
prescribed in section 8452, and any miner 
or mine employe who uses, with a knowl¬ 
edge of its character, in any coal mine in 
this state, any other oil than that pre¬ 
scribed in section 8452, shall be deemed 
guilty of a misdemeanor, and on con¬ 
viction shall be fined for each offense not 
less than fifty nor more than two 
hundred, dollars, or by imprisonment in 
the county jail not less than three nor 




44 


Laws of Missouri 


more than twelve months, or by both 
such fine and imprisonment. (R. S. 
1899, § 8808.) 

Sec. 8454. Inspector to inspect oils.— 

It shall be the duty of the state coal mine 
inspector, in person or by some person 
designated by him, to inspect oils being 
used by miners to determine if the grade 
is of the standard described in section 
8452 of this article—said inspection to be 
made at the pleasure of the coal mine 
inspector, or a person designated by him. 
Should he find the grade of oil used below 
the grade fixed in section 8452, he shall 
notify the owner, agent or operator of 
the mine, and also notify the miners using 
the oil, that the quality is inferior, and 
if change ismot made as soon as practical, 
he shall notify the prosecuting attorney 
of the county in which the mine is locat¬ 
ed,,giving him all the facts, and the prose¬ 
cuting attorney shall forthwith proceed 
to enforce the provisions of the two pre¬ 
ceding sections. (R. S. 1899, § 8809.) 

Sec. 8455. Bore-holes.—The owner, 
agent or operator shall provide that 
bore-holes shall be kept twenty feet in 
advance of the face of each and every 
working place, and, if necessary, on 
both sides, when driving toward an aband¬ 
oned mine and part of a mine suspected 




Relating to Mines and Mining. 45 


to contain inflammable gases or to be in¬ 
undated with water. (R. S. 1^99, § 
8810.) 

Sec. 8456. Signaling—hoisting—cer¬ 
tain miners not to work, etc. —The 

owner, agent or operator of every mine 
operated by shaft, shall provide suitable 
means of signaling between the bottom 
and the top thereof, and shall also pro¬ 
vide safe means of hoisting and lowering 
persons in a cage covered with boiler 
iron, so as to keep safe, as far as possible, 
persons descending into and ascending 
out of said shaft; and such cage shall be 
furnished with guides to conduct it on 
slides through such shaft, with a sufficient 
break on every drum to prevent accident 
in case of the giving out or breaking of 
machinery; and such cage shall be fur¬ 
nished with spring catches, intended and 
provided, as far as possible, to prevent 
the consequences of cable breaking or 
the loosening or disconnecting of the 
machinery; and no props or rails shall be 
lowered in a cage while men are descend¬ 
ing into or ascending out of said mine: 
Provided, that the provisions of this sec¬ 
tion in relation to covering cages with 
boiler iron shall not apply to coal mines 
less than one hundred feet in depth, 
where the coal is raised by horse power. 




46 


Laws of Missouri 


No male person under the age of fourteen 
years, or female of any age, shall be 
permitted to enter any mine to work 
therein; nor shall any boy under the age 
of sixteen years, unless he can read or 
write, be allowed to work in any mine. 
Any party or person neglecting or re¬ 
fusing to perform the duties required to 
be performed by the provisions of this 
article shall be deemed guilty of a mis¬ 
demeanor, and punished by a fine in the 
discretion of the court trying the same, 
subject, however, to the limitations as 
provided by section 8463 of this article. 
(R. S. 1899, § 8811, amended. Laws 1905, 
p. 237.) 

Sec. 8457. Person in control of hoist¬ 
ing machinery, etc. —No owner, agent 
or operator of any mine operated by shaft 
or slope shall place in charge of any en¬ 
gine whereby men are lowered into or 
hoisted out of the mines any but an expe¬ 
rienced, competent and sober person not 
under eighteen years of age; nor 
shall such engineer be permitted to 
operate the hoisting machinery unless 
he be located in such close proximity to 
the engine and drum as will enable him 
to continuously have supervision and 
control of both engine and drum; and 
no person shall be permitted to ride upon 




Relating to Mines and Mining. 47 


a loaded cage or wagon used for hoisting 
purposes in any shaft or slope, and in 
no case shall more than twelve persons 
ride on any cage or car at any one time; 
nor shall any coal be hoisted out of any 
mine while persons are descending into 
such mine, and the number of persons 
to ascend out of or descend into any 
mine on one cage shall be determined by 
the inspector; the maximum number so 
fixed shall not be less than four nor 
more than twelve, nor shall be lowered 
or hoisted more rapidly than five hundred 
feet to the minute. (R. S. 1899, § 8812.) 

See. 8458. Semi-weekly inspection of 
hoisting equipment—record of same.— 
Every owner or operator, or the agent of 
such owner or operator of any coal mine 
in this state, who shall employ twenty- 
five or more miners or mine laborers, 
where any mechanical device is or shall 
be used for the lowering or hoisting of 
men into or out of such mine, shall have 
some experienced and practical person to 
inspect all ropes, cages, safety-catches, 
shive-wheels and drum brakes at least 
twice in each week while such mine 
shall be in operation. And every such 
owner or operator, or the agent of such 
owner or operator of such mine, is hereby 
required to furnish a book of suitable 




48 


Laws oj Missouri 


kind in which the results of each inspec¬ 
tion are hereby required to be entered 
and recorded by the person making such 
inspection as soon and as often as the 
same shall be made, always reciting in 
such book also the day and date of such 
inspection; and such book shall be kept 
at such mine, and shall, on all working 
days, be open for the information of 
all employes of such mine. (Laws 1909, 
p. 695.) 

Sec. 8459. Penalty.—Every owner or 
operator, or the agent of such owner or 
operator of any coal mine in this state 
of the kind mentioned in the next pre¬ 
ceding section, who shall fail to comply ■ 
with the provisions of said section, shall 
be deemed guilty of a misdemea'nor, and, ' 
upon conviction thereof, shall be punish- I 
ed by a fine of not less than twenty-five J 
dollars nor more than one hundred dol¬ 
lars, or by imprisonment in the county 
jail not less than thirty days nor more j 
than ninety days, or by both such fine - 
and imprisonment, for each and every | 
separate offense. And every failure to | 
have made such inspection and to have | 
entered and recorded the results of such i 
inspection as provided in section 8458 [ 
on any day when the same should have [ 
been done, shall constitute a separate ^ 
offense. (Laws 1909, p. 695.) ' 





Relating to Mines and Mining. 49 


Sec. 8460. Lowering and hoisting 
miners. —The owner, agent or operator 
of all coal mines employing twenty-five 
or more men, shall cause a competent 
person to be stationed at the top of the 
shaft, and a competent person to be 
stationed at the bottom of the shaft, 
whose duties shall be to answer all sig¬ 
nals for the lowering or hoisting of men 
in the shaft, and to keep watch over, 
and control of, such signals while men 
are being lowered or hoisted in the shaft; 
the persons so appointed to look after 
said signals shall be at their posts of duty 
at least thirty minutes before the hoist¬ 
ing of coal has commenced in the morn¬ 
ing, and shall remain after the hoisting 
of coal has ceased in the evening at least 
thirty minutes. Whenever eight persons 
shall present themselves at the bottom 
of the shaft and after having finished 
their day’s work, or otherwise having 
been prevented from working, an empty 
cage shall be furnished the same on which 
to ascend. And any owner, agent of 
operator of coal mines in this state, who 
shall knowingly violate any provisions 
of this section, shall be deemed guilty of 
a misdemeanor, and upon conviction 
shall be punished by a fine of not less 
than one hundred dollars, nor more than 
3 




50 


Laws of Missouri 


three hundred dollars for each offense, 
or by imprisonment in the county jail 
for not less than thirty days nor more 
than ninety days, or by both such fine 
and imprisonment. (R. S. 1899, § 8813, 
amended. Laws 1909, p. 696.) 

Sec. 8461. Boilers—fencing entrances 
—signals, etc. —All boilers used in gen¬ 
erating steam in and about coal mines 
shall be kept in good order, and the 
owner, agent or operator, as aforesaid, 
shall have the said boiler examined and 
inspected by hydrostatic pressure and 
warm water, by a competent boiler¬ 
maker or other qualified person, as often 
as once every six months, and the result 
of every such examination shall be certi¬ 
fied in writing to the mine inspector; 
and the top of each and every shaft, 
and the entrance of each and every im¬ 
mediate working vein, shall be securly 
fenced by gates properly covering and 
protecting such shaft and entrance 
thereto; and the entrance to every aband¬ 
oned slope, air or other shaft, shall be 
securely fenced off; and every steam 
boiler shall be provided with a proper 
steam gauge, water gauge and safety 
valve, and all underground self-acting 
or engine planes or gangways on which 
coal'cars are drawn and persons travel. 




Relating to Mines and Mining. 51 


shall be provided with some proper 
means of signaling between the stepping 
places and the end of said planes or 
gangways, and sufficient places of refuge 
at the sides of such planes or gangways 
shall be provided at intervals of not 
more than twenty feet apart. (R. S. 
1899, § 8814.) 

Sec. 8462. Accidents—duty and pow¬ 
er of inspector, etc. —Whenever loss of life 
or serious personal injury shall occur by 
reason of any explosion or of any accident 
whatsoever, in or about any mine, it shall 
be the duty of the person having charge 
of such mine to report the facts thereof 
without delay to the state mine inspect¬ 
or, and if any' person is killed thereby, 
to notify the coroner of the county also, 
or in his absence or inability to act, any 
justice of the peace of said county; and 
the said inspector shall, if he deem it 
necessary from the facts reported, im¬ 
mediately go to the scene of said accident 
and make suggestions and render such 
assistance as he may deem necessary 
for the safety of the men; and the in¬ 
spector shall investigate and ascertain 
the cause of such explosion or accident 
and make a report thereof, which he 
shall preserve with the other records of 
his office; and to enable him to make 




52 


Laws oj Missouri 


such investigation, he shall have the 
power to take depositions, compel the 
attendance of witnesses and administer 
oaths or affirmations to them; and the 
cost of such investigation shall be paid 
by the county court of the county 
in which such accident shall have oc¬ 
curred, in the same manner as costs 
of coroners’ inquests are now paid. 
And the failure on the part of the 
person having charge of any mine in 
which any such accident may have 
occurred to give notice to the inspector 
or coroner, as provided for in this section, 
shall subject such person to a fine of not 
less than one hundred nor more than 
three hundred dollars, to be recovered 
of him in the name of the state of Mis¬ 
souri, before any justice of the peace of 
such county wherein the mine is situate 
and the accident occurred; and such fine, 
when collected, shall be paid into the 
county treasury for the use and benefit 
of said county. (R. S. 1899, § 8815.) 

Sec. 8463. Fines, how recovered. —In 
all cases in which punishment is not pro¬ 
vided for by fine under this article, for 
a breach of any of its provisions, the fine 
for the first offense shall not be less than 
fifty or more than two hundred dollars, 
and for the second offense not less than 




Relating to Mines and Mining. 53 


two hundred nor more than five hundred 
dollars, to be recovered in any court of 
the state having competent jurisdiction. 
(R. S. 1899, § 8816.) 

Sec. 8464. Bureau of mines estab- 
lished) etc. —There is hereby created a 
department, to be known as the bureau 
of mines, mining and mine inspection, 
with its office located at the state capitol. 
The governor shall, for the inspection of 
coal mines, appoint an inspector and one 
assistant to the same, both of whom shall 
have been practical miners in coal mines. 
For lead, zinc and mines other than coal 
mines, the governor shall appoint two 
inspectors, both of whom shall have had 
practical experience in lead and zinc 
mining; one of said inspectors shall be 
appointed to serve in the western lead 
and zinc district, and the other inspector 
in the eastern lead and zinc district. 
Said district in the lead and zinc field to 
to be divided from north to south through 
the state by a line which will border the 
western boundary of Cooper and Webster 
counties. Neither of the above-named 
inspectors shall be interested in any mine, 
and each shall receive a salary of eigh¬ 
teen hundred dollars per annum, and 
there shall also be allowed and paid out 
of the general revenue fund the actual 




54 


Laws of Missouri 


traveling expenses of the inspectors. 
The inspectors so appointed shall’have 
authority to appoint a secretary of the 
bureau of mines, mining and mine in¬ 
spection, who, in addition to his other 
qualifications, shall be a competent 
draughtsman, and receive a salary of 
eighteen hundred dollars per annum. 
(R. S. 1899, § 8817, amended. Laws, 
1903, p. 245, Laws 1907, p. 365.) 

Section 8464a. Every person, firm 
or corporation engaged in the mining 
or production within this state, of lead, 
zinc, coal, shale, silicate or calamine, 
shall within thirty days after the expir¬ 
ation of the quarter-annual period 
ending on the last day of March, 1917, 
and within thirty days after the ending 
of each quarter-annual period thereafter, 
file with the chief mine inspector and the 
state treasurer a statement, under oath, 
on forms to be prescribed and furnished 
in triplicate by the chief mine inspector, 
showing the total number of tons of 
coal, clay, shale, lead concentrates or 
galena, zinc ore or concentrates thereof, 
lead carbonate or concentrates thereof, 
zinc carbonate or concentrates thereof, 
zinc silicate or calamine or concentrates 
thereof, sold, shipped or otherwise dis¬ 
posed of during the last preceding 




Relating to Mines and Mining. 55 


quarter-annual period; and shall at the* 
same time pay to the state treasurer mine 
inspection fees as follows: On all lead 
concentrates or galena, three cents per 
ton; on all zinc ore or concentrates there¬ 
of, three cents per ton; on all lead carbon¬ 
ate or concentrates thereof, one and one- 
half cents per ton; on all zinc carbonate 
or concentrates thereof, one and one-half 
cents per ton; on all zinc silicate or cala¬ 
mine, or concentrates thereof, one and 
one-half cents per ton; on all coal, two 
mills per ton; on all clay, two mills per 
ton; on all shale, one mill per ton. 

Section 3. The lack of a provision 
for the payment of mine owners and 
operators for the service of mine inspec¬ 
tion creates an emergency within the 
meaning of the Constitution, and this 
act shall, therefore, take effect and be in 
force from and after its passage and ap¬ 
proval. Approved March 22, 1917. 

Sec. 8465. Health and safety of min¬ 
ers—report to the governor—report of 
operators to inspectors. —The inspectors 
provided for in this article shall see that 
every necessary precaution is taken to 
secure the health and safety of the work¬ 
men employed in any of the mines of the 
state, that the provisions and require¬ 
ments provided for in this article be 
faithfully observed and obeyed, and the 




56 


Laws oj Missouri 


penalties of the law enforced. They shall 
also collect and tabulate in their report, 
to be made to the governor on the 15th 
day of April of each year, the extent of 
the workable mining lands in the state 
by counties; also, the manner of mining, 
whether by shaft, slope, drift or other¬ 
wise, the number of mines in operation, 
the number of men employed therein, 
the amount of capital invested and the 
amount and value of all mine products. 
And in order that the provisions of this 
section may be faithfully enforced, it 
shall be the duty of every mine owner, 
operator or lessee doing business of a 
mining nature, embracing lead, zinc, 
coal, copper, iron or other minerals 
within this state, to report to the inspect¬ 
ors within 20 days following the 1st day 
of January of each year, the name of the 
person, firm, corporation or company 
doing a mining business, where the mines 
are located, the number of acres owned 
or leased of minable lands, the capital 
invested in lands and plant, the number 
of shafts, drifts, slopes or open cuts 
operated, the number of men employed 
in and about the mines, average wages 
paid employes, the amount of mineral 
produced, the average price received for 
said product and all such other informa¬ 
tion pertaining to mining as may be re- 




Relating to Mines and Mining. 57 


quired by the inspectors; coal mine oper¬ 
ators reporting to the coal mine inspector 
and the operators of all other mines to 
the inspector of lead, zinc and other 
mines upon blanks which the inspectors 
are hereby authorized to furnish for 
such purpose; it shall also be the duty of 
every mine owner or operator doing a 
mining business in this state, who sells 
or disposes of such mining property to 
another person, firm, company or cor¬ 
poration, to furnish to the purchaser 
or purchasers thereof, a certified state¬ 
ment of the amount and value of all 
mine products, the average number of 
men employed and the average wages 
paid, for that portion of the calen¬ 
dar year that such mining property 
has been operated; and such purchaser 
or purchasers shall preserve and incor¬ 
porate the same in the annual report 
required under this act; it shall also be 
the duty of all the operators to require of 
their sublessees a monthly statement of 
the average number of men employed 
each month and the average wages paid 
them, that correct accounting may be 
made of the same in the annual report 
required; it shall also be the duty of all 
persons, companies or corporations open¬ 
ing up new mines or mining property to 




58 


Laws oj Missouri 


promptly report the same to the in¬ 
spector. (R. S. 1899, § 8818, amended. 
Laws 1901, p. 212.) 

Sec. 8466. Penalty for violation of 
preceding section. —When any owner, 
operator or lessee of any mine within this 
state shall fail or refuse to comply with 
the provisions of section 8465 of this 
article, such offender shall be deemed 
guilty of a misdemeanor and upon con¬ 
viction thereof, shall be fined in a sum 
not less than one hundred dollars nor 
more than three hundred dollars for each 
offense, and the state mine inspector is 
hereby authorized to certify such failure 
or refusal to the county prosecuting at¬ 
torney, in which county the offense was 
committed, whose duty it shall be to 
prosecute such offender or offenders. 
(Laws 1901, p. 212.) 

Sec. 8467. Inspector may enter mines 
at any time, etc. —It shall be lawful for 
the inspector provided for in this article 
to enter, examine and inspect any and 
all mines and machinery belonging there¬ 
to, at all reasonable times, by day or by 
night, but so as not to obstruct or hinder 
the necessary workings of such mine, 
and the owner, agent or operator of 
every such mine is hereby required to 
furnish all necessary facilities for such 




Relating to Mines and Mining. 59 


entering, examination and inspection; 
and if the said owner, agent or operator 
aforesaid shall refuse to permit such in¬ 
spection, or to furnish the necessary fa¬ 
cilities for such entry, examination and 
inspection, the inspector shall file his 
affidavit setting forth such refusal before 
the judge of the circuit court in said 
county in which said mine is situated, 
either during the term of court or during 
vacation, and obtain an order on such 
owner, agent or operator so refusing as 
aforesaid, commanding him to permit 
and furnish such facilities for the inspec¬ 
tion of such mine, or to be adjudged to 
stand in contempt of court and punished 
accordingly; and if the said inspector 
shall, after examination of any mine and 
the works and machinery pertaining 
thereto, find the same to be worked con¬ 
trary to the provisions of this article, 
or unsafe for the workmen therein em¬ 
ployed, said inspector shall, through 
the circuit attorney of his county, or any 
attorney in case of his refusal to act, 
acting in the name and on behalf of the 
state, proceed against the owner, agent 
or operator of such mine, either separ¬ 
ately or collectively, by injunction, 
without bond, after giving at least two 
days’ notice to such owner, agent or 




60 


Laws oj Missouri 


operator; and said owner, agent or oper¬ 
ator shall have the right to appear before 
the judge to whom application is made, 
who shall hear the same on affidavits 
and such other testimony as may be 
offered in support as well as in opposi¬ 
tion thereto; and if sufficient cause ap¬ 
pear, the court, or judge in vacation, 
by order, shall prohibit the further work¬ 
ing of any such mine in which persons 
may be unsafely employed contrary to 
the provisions of this article, until the 
same shall have been made safe and the 
requirements of this article shall have 
been complied with; and the court shall 
award such costs in the matter of said 
injunction as may be just; but any such 
proceedings so commenced shall be 
without prejudice to any other remedy 
permitted by law for enforcing the pro¬ 
visions of this article. (R. S. 1899, § 
8819.) 

Sec. 8468. Inspectors to examine— 
safety of employes—powers of inspect¬ 
ors. —The state mine inspectors of lead 
mines, zinc mines and mines other than 
coal are hereby authorized, empowered 
and directed to thoroughly inspect all 
underground excavations in all lead 
mines, zinc mines and mines other than 
coal, as often as the inspector may deem 




Relating to Mines and Mining. 61 


proper after the passage and approval 
of this act, to ascertain the condition 
of said underground excavations with 
respect to the safety of all employes 
working in such underground excava¬ 
tions; and, if after such examination, 
the inspectors shall find that the safety 
of the employes engaged in working in 
such excavations is imperiled by reason 
of there being only one shaft or outlet 
by which a distinct means of ingress 
and egress is alw^ays available to such 
employes, it shall be the duty of such 
inspectors to immediately notify the 
owner, agent or operator of such mine, 
in writing, specifying the particular un¬ 
derground excavation so found to be un¬ 
safe or dangerous, and direct the owner 
agent or operator to, within thirty days 
after receiving such notice, commence to 
sink another shaft or outlet for such un¬ 
derground excavation, at some point to 
be agreed to by such inspector, and 
prosecute the sinking of such shaft or 
outlet with all due diligence until the 
same is completed. And the state mine 
inspectors aforesaid shall have power, 
if they deem it for the safety of the em¬ 
ployes, to order all employes engaged 
in working in such underground exca¬ 
vations so found to be unsafe or dan- 




62 


Laws of Missouri 


gerous to quit work until such other 
shaft or outlet shall have been com¬ 
pleted, or until further notified by such 
inspector. (Laws 1907, p. 364.) 

Sec. 8469. Inspection—ventilation.— 
The state mine inspectors for lead mines, 
zinc mines and other mines other than 
coal, are hereby authorized, empowered 
and directed to thoroughly inspect all 
underground excavations in all lead 
mines, zinc mines and mines other than 
coal, as often as the inspector may deem 
proper, from and after the passage and 
approval of this act, and ascertain the 
condition of such underground excava¬ 
tions with respect to the health of em¬ 
ployes engaged in working in such un¬ 
derground excavations; and, if after such 
examination, the inspector shall find that 
the health of the employes is impaired 
by reason of their not being sufficient 
circulation of air or ventilation for such 
employes, it shall be the duty of such in¬ 
spector to immediately notify the owner, 
agent or operator of such mine, in writ¬ 
ing, specifying the underground excava¬ 
tion so found to be unhealthful, and di¬ 
rect such owner, agent or operator of 
such mine to, within fifteen days after 
receiving such written notice, commence 
to drill a sufficient number of air holes 




Relating to Mines and Mining. 63 


for such underground excavation, at 
some point or points to be agreed to by 
such inspectors, and prosecute the drill¬ 
ing of such air hole or holes with all 
due diligence until they are completed 
and the inspectors shall have power, if 
they deem it for the interest of the em¬ 
ployes, to order all employes engaged 
in working in such underground exca- 
ations so affected by said notice to quit 
work until such air hole or holes shall 
have been completed, or until further 
notified by such inspector. (Laws 1907, 
p. 364 .) 

Sec. 8469a. Water lines to be main¬ 
tained for sprinkling in certain mines 
generating dust—duties of inspectors, 
etc. —The state mine inspectors for lead 
mines, zinc mines, and other mines, oth¬ 
er than coal, are hereby authorized, em¬ 
powered and directed to thoroughly in¬ 
spect all underground excavations in all 
such mines, as often as the inspector or 
either of his deputies may deem proper, 
for the purpose of ascertaining or dis¬ 
covering in the air in any such mine or 
mines the presence of dust in such quan¬ 
tities as shall be injurious to the health of 
employes engaged in working in such un¬ 
derground excavation; and upon finding 
dust in the air of any such mine in such 




64 


Laws of Missouri 


quantities as shall tend to injure the 
health of the employes of such mine, such 
inspector or deputy inspector shall im¬ 
mediately notify the owner, managing 
agent or operator of such mine, in writ¬ 
ing, specifying the underground excava¬ 
tion so found to contain dust particles as 
aforesaid in the air thereof, and such own¬ 
er, agent or operator of such mine shall 
within fifteen days after receiving such 
written notice, provide, install, equip, 
and thereafter at all times, maintain in 
such mine an independent water line, 
fully equiped and in good serviceable 
working order and repair, leading up to 
the face of any and all drifts where such 
dust is produced, or so close to the face 
of said drifts so that by the use of suit¬ 
able hose or sprinkling attachments to be 
supplied by the owner or owners of said 
mine, the mineral or earth in and adjoin¬ 
ing the face of the drift or drifts of such 
mine can be sprinkled or wet by water 
from said pipe line; thereupon and there¬ 
after every person drilling, squibbing or 
blasting in said mine shall keep the face, 
surface and drill holes in said drift or drifts 
wet or moist by' the use of water from 
said water line to such an extent and in 
such a way as shall prevent, as far as 
possible, any dust raising from the work- 




Relating to Mines and Mining. 65 


ing of any such face or from the drilling 
“blowing” or “shooting” of any hole or 
holes; and the ground boss in charge of 
the underground in any such mine, so 
equipped with a water line, shall require 
all ground or dirt after being shot or 
blasted to be thoroughly wet or sprinkled 
to such an extent as shall prevent, as far 
as'possible, any dust from arising there¬ 
from while the employes are at work 
therein. 

Sec. 8469b. Penalty. —Every owner 
or part owner of any such mine and every 
employe of the owner of any such mine, 
who shall violate any of the provisions of 
this act, shall be deemed guilty of a mis¬ 
demeanor and upon conviction thereof 
shall be punished by a fine of not less than 
five dollars nor more than fifty dollars. 

Approved March 23, 1915. 

Sec. 8469b. Dressing rooms to be 
provided — equipment — inspection — 
penalty. —It shall be the duty of every 
owner or operator of any zinc or lead 
mine in the state of Missouri, to provide 
and maintain a room or building of suf¬ 
ficient size and dimensions and properly 
equipped, for the use of employes of said 
mines, as a dressing room and for the 
purpose of changing, keeping and storing 
their clothes and dinner pails. Said 




66 


Laws of Missouri 


room shall be equipped with lockers with 
lock and key, and said employes shall be 
permitted to store their clothing and din¬ 
ner pails in said lockers. Sufficient 
washing conveniences shall be provided 
in said room or building for the use of 
said employes and sufficient benches or 
seats shall be provided for the use 
of employes in said room or building; 
and said room or building shall at all 
times be properly heated and shall be 
kept in a clean and sanitary condition. 
It shall be the duty of the mine inspector 
to see that the provisions of this section 
are properly enforced. Any person, 
firm.or corporation operating a lead or 
zinc mine in this state failing to comply 
with the provisions of this section shall 
be guilty of a misdemeanor and upon con¬ 
viction thereof shall be fined in a sum of 
not less than five dollars or more than 
twenty-five dollars. 

Approved March 23, 1915. 

Sec. 8469c. Sanitary drinking de¬ 
vices. —Every owner, agent or operator 
of any lead or zinc mine in this state, em¬ 
ploying ten or more men, shall provide 
sanitary drinking devices for the use of 
their employes. 

Approved March 23, 1915. 




Relating to Mines and Mining. 67 


Sec. 8470. Penalty. —Every person, 
owner, agent or operator of any lead 
mines, zinc mines or mines other than 
coal, who shall violate any of the pro¬ 
visions of this act, shall be deemed guilty 
of a misdemeanor, and upon conviction 
thereof shall be punished by imprison¬ 
ment in the county jail for a term not 
exceeding six months, or by a fine not 
less than one hundred dollars for each 
offense, or by both such fine and im¬ 
prisonment. (Laws 1907, p. 364.) 

Sec. 8471. In case of injury or death, 
right of action. —For any injury to per¬ 
sons or property occasioned by any vio¬ 
lation of this article or failure to com¬ 
ply with any of its provisions, a right of 
action shall accrue to the party injured 
for any direct damages sustained there¬ 
by; and in case of loss of life by reason 
of such violation or failure as aforesaid, 
a right of action shall accrue to the 
widow of the person so killed, his lineal 
heirs or adopted children, or to any per¬ 
son or persons who were, before such 
loss of life, dependent for support on the 
person or persons so killed, for a like 
recovery of damages sustained by rea¬ 
son of such loss of life or lives; Provided, 
that all suits brought under this article 
shall be commenced within one year 




68 


Laws of Missouri 


after any cause of action shall have ac¬ 
crued under this article and not after¬ 
ward; and provided further, that any per¬ 
son entitled to sue under this section 
for loss of life or lives may recover any 
sum not exceeding ten thousand dollars. 
(R. S. 1899, §8820.) 

Sec. 8472. Rules of working mines— 
penalty. —Any miner, workmen or other 
person who shall knowingly injure any 
water-gauge, barometer, air-course or 
brattice, or shall obstruct or throw open 
any airways, or carry any lighted lamps 
or matches into places that are worked 
by the light of safety lamps, or shall 
handle or disturb any part of the ma¬ 
chinery of the hoisting engine, or open 
a door to a mine and not have the same 
closed again, whereby danger is pro¬ 
duced, either to the mine or those at 
work therein, or who shall enter into 
any part of the mine against caution, or 
who shall disobey any order given in 
pursuance of this article, or who shall 
do any willful act whereby the lives and 
health of persons working in the mine, 
or the security of the mine or miners, or 
the machinery thereof, is endangered, 
shall be deemed guilty of a misdemeanor, 
and, upon conviction thereof, shall be 
punished by fine or imprisonment, at 




Relating to Mines and Mining. 69 


the discretion of the court. (R. S. 1899, 
§8821.) 

Sec. 8473. Prop timbers. —The owner, 
agent or operator of any mine shall keep 
a sufficient supply of timber, when re¬ 
quired to be used as props, so that the 
workmen may at all times be able to 
properly secure the said workings from 
caving in, and it shall be the duty of the 
owner, agent or operator to send down 
all such props when required. (R. S. 
1899, §8822.) 

Sec. 8474. Method of working on the 
room and pillar plan. —The owner, agent 
^^r operator of any coal mine in this 
state, employing five or more persons, 
if said mine is worked on the room and 
pillar plan, shall cause the work in such 
mine to be prosecuted in the following 
manner, and none other, to-wit: Two 
entries must be given parallel for the 
ingress and egress of the air, and cross¬ 
cuts must be made at intervals not to 
exceed fifty feet apart, and no rooms, 
entries or other openings shall be al¬ 
lowed to start inside of the last cross¬ 
cut until the next one be made; and fur¬ 
ther, that it shall be unlawful for any 
owner, operator or agent for any per¬ 
son, persons, corporation or company to* 
permit the mouth or mouths of worked 




70 


Laws of Missouri 


out or abandoned rooms or entries in 
any coal mine to remain open for a 
period exceeding one month from the 
date of abandonment of any such room, 
rooms, entry or entries. All such aband¬ 
oned work as designated must be se¬ 
curely sealed in such manner as will 
effectually prevent the escape of all gases 
or other impurities calculated to vitiate 
the ventilative current of a mine: Pro¬ 
vided, that the sealing of rooms and en¬ 
tries herein provided for shall only be 
required in such mines and places there¬ 
in as the mine inspector shall in his dis¬ 
cretion deem necessary for insuring the 
health and safety of workmen therein. 
(R. S. 1899, § 8823, amended, Laws 1907, 
p. 363.) 

Sec. 8475. Penalty. —Any owner, agent 
or operator in charge of any coal mine 
worked on the room and pillar plan fail¬ 
ing to comply with the provisions of 
section 8474 shall be deemed guilty of 
a misdemeanor, and upon conviction 
shall be punished by a fine of not less 
than one hundred dollars nor more than 
one thousand dollars, or by imprison¬ 
ment in the county jail not less than six 
months nor more than one year, or by 
both such fine and imprisonment; and 
every day that the mine is operated con- 




Relating to Mines and Mining. 71 


trary to the provisions of section 8474, 
after the owner, agent or operator in 
charge thereof shall have been convicted 
for a first offense under section 8474, 
shall be and constitute a separate and 
distinct subsequent offense, and shall be 
punished as such. (R. S. 1899, § 8824.) 

Sec. 8476. Notice to be given by in¬ 
spector. —The state coal mine inspector 
shall, after sections 8474 to 8476, in¬ 
clusive, become a law, give notice, in 
writing, to the owner, agent or operator 
in charge of each coal mine in this state 
now being worked on the room and pil- 
d(«.r plan, to conform the working of 
such mine to the requirements herein¬ 
before set out and prescribed; and such 
owner, agent or operator shall have 
thirty days in which to comply before 
being liable to the penalty provided here¬ 
in. (R. S. 1899, § 8825.) 

Sec. 8477. Explosives to be kept in a 
strong box—shot-firers to be employed. 
All owners, agents or operators of coal 
mines shall require of all miners or 
other persons employed in and about 
a mine, using gun or blasting powder or 
other explosives, to have and keep a 
strong box in which all surplus gun or 
blasting powder or other explosives in 
the mine shall be kept, excepting so 




72 


Laws of Missouri 


much as is necessary for immediate use. 
These boxes shall be kept locked and 
not opened unless it be to put in or take 
out powder. Nor must these strong (or 
powder) boxes be kept nearer than one 
hundred feet to the place of blasting. 
And in all dry and dusty coal mines dis¬ 
charging light carbonated hydrogen gas, 
or in mines where the coal is blasted off 
of the solid, shot-firers must be employed 
by the operator of said mine or mines, 
to fire all shots after the employes and 
other persons have retired from the 
mine. And all shots prepared by the 
miner for the extraction of coal from 
off of the solid, must be so placed, drilled 
and charged, that the same, when fired, 
shall perform safely the duty required 
of such shots; but if the shot-firers find 
or discover that a drill hole is gripping 
too much or that it is drilled too much 
into (what the miners term) “the tight,” 
and as may in the judgment of the shot- 
firers, prove a windy, blown-out or other¬ 
wise dangerous shot, said shot-firers 
shall there and then condemn such shot 
as too dangerous to fire and pass the 
same without firing it. It shall also be 
the duty of the shot-firers to notify the 
mine foreman as soon as practicable, 
when the shot is condemned, who shall 





Relating to Mines and Mining. 73 


in turn attract the attention of the miner 
or miners responsible for the preparation 
of said condemned shot and said miner 
or miners shall immediately after re¬ 
turning to work provide the necessary 
remedy to render the said condemned 
shot harmless. (R. S. 1899, § 8826, 
amended, Laws 1901, p. 214, Laws 1903, 
p. 247.) 

Sec. • 8478. Penalty. — Any agent, 
owner or operator of any coal mine in 
this state violating the provisions of the 
preceding section shall be deemed guilty 
of a misdemeanor, and for each offense 
^'on conviction shall be fined not less than 
one hundred dollars nor more than two 
hundred and fifty dollars, or by imprison¬ 
ment in the county jail not less than 
six months nor more than one year, or 
by both such fine and imprisonment, 
proceedings to be instituted in any 
court having competent jurisdiction. 
(R. S. 1899, § 8827, amended. Laws 1901, 
p. 214, Laws 1903, p. 247.) 

Sec. 8479. Qualification of miners.— 
Any person desiring to perform the 
work of a coal miner and for himself to 
conduct room, entry or other under¬ 
ground mining in coal mines of this 
state, shall, before being permitted to 
engage in such work, produce evidence 
4 




74 


Laws oj Missouri 


of a satisfactory nature that he has for 
one year worked in coal mines with or 
as a practical miner; such applicant to 
furnish evidence of his experience and 
qualifications to the coal mine inspector, 
or to the person designated by said in¬ 
spector to pass upon the competency of 
such applicant, and until said applicant 
^ shall have fully satisfied the coal mine 
inspector or the party designated by the 
said inspector at the mine, wherein such 
employment is sought of his fitness to 
perform the duties as above mentioned, 
he shall not be permitted to mine co^l 
unless associated with a practical miner 
for such length of time as will qualify 
said applicant to safely for himself and 
others perform underground work, and 
any owner, agent or operator of any coal 
mine in this state who shall knowingly 
violate any of the provisions of this 
section shall be deemed guilty of a mis¬ 
demeanor, and upon conviction, shall 
be punished by a fine of not less than 
fifty dollars nor more than two hundred 
dollars for each and every offense, or 
by imprisonment in the county jail for 
a period of not less than thirty days nor 
more than sixty days, or by both such 
fine and imprisonment, proceedings to 




Relating to Mines and Mining. 75 


be instituted in any court having com¬ 
petent jurisdiction. (R. S. 1899, § 8828, 
amended. Laws 1901, p. 215.) 


ARTICLE III. 

State Mining Board—Powers and 
Duties of. 

(Secs. 8480-8498, both inclusive.) 

Note—The law creating a State Board 
of Coal Mining is omitted, for the rea¬ 
son that same is inoperative, no board 
(.l^iaving been appointed since the enact¬ 
ment of the law, and no appropriation to 
defray expenses of board was made. 


DAMAGES: Mining—Fellow Servants. 

Sec. 5440. Mine operator liable for 
acts of agents or servants. —That every 
person, company or corporation operat¬ 
ing a mine or mines in this state pro¬ 
ducing lead, zinc, coal or other valuable 
minerals shall be liable for all damages 
sustained by any agent or servant there¬ 
of while engaged in operating such mine 
or mines, by reason of the negligence of 
any other agent or servant thereof: 
Provided, that it may be shown in de- 






76 


Laws of Missouri 


fense that the person injured was guilty 
of negligence contributing as a proxi¬ 
mate cause to produce the injury. (Laws 
1907, p. 104. 

Sec. 5441. Certain persons declared 
fellow servants. —That all persons en¬ 
gaged in the service of any such person, 
company or corporation doing business 
in this state, who are entrusted by such 
person, company or corporation with the 
authority of superintendence, control or 
command of other persons in the em¬ 
ploy or service of such person, company 
or corporation, or with authority to di¬ 
rect any other servant in the perforrh- 
ance of any duty of such servant, or 
with the duty of inspection or other 
duty owing by the master to the ser¬ 
vant, are vice-principals of such person, 
company or corporation, and are not 
fellow-servants with such employes. 
(Laws 1907, p. 104.) 

Sec. 5442. Fellow servants defined.— 
That all persons who are engaged in the 
common service of such person, com¬ 
pany or corporation operating a mine 
or mines, and while so engaged are work¬ 
ing together at the same time and place 
to a common purpose of the same grade, 
neither of such persons being entrusted 
by such person, company or corpora- 




Relating to Mines and Mining. 77 


tion with any superintendence or con¬ 
trol over their fellow-employes, are fel¬ 
low-servants with each other. (Laws 
1907, p. 104.) 

Sec. 5443. Certain contracts declared 
void. —No contracts made between any 
person, company or corporation so oper¬ 
ating such mine or mines and their 
agents or servants, based upon the con¬ 
tingency of the inquiry or death to any 
such agent or servant, limiting the lia¬ 
bility of the employer for any damages 
under the provisions of this act, shall be 
valid or binding, but all such contracts 
or agreements shall be null and void. 
(Laws 1907, p. 104.) 

Sec. 5444. Certain employes exempt 
from provisions of act. —Nothing in this 
act shall be so construed as applying to 
or including the operation, construction 
or repairing of concentrating mills, 
flumes or tramways wholly above ground. 
(Laws 1907, p. 104.) 

Sec. 5445. Survival of right of action, 
in favor of whom, and when. —Whenever 
any cause of action shall accrue to any 
agent or servant of any person, com¬ 
pany or corporation under an act en¬ 
titled “An act to define the liabilities of 
mine operators in relation to damages 
sustained by their employes, and to de- 




78 


Laws of Missouri 


fine who are fellow-servants and who 
are not fellow-servants, and to prohibit 
contracts limiting liability under this 
act,” approved May 10, 1907, and death 
shall ensue to such agent or servant by 
reason of the negligence provided for 
in said act, the cause of action shall sur¬ 
vive in favor of the widow and minor 
children of the deceased: Provided, that 
action therefor shall be brought by the 
widow within six months after such 
death, and if she shall fail to bring such 
action, then within twelve months after 
such death by such minor children; and 
provided, further, that recovery in case ' 
of such death shall not exceed the sum 
of ten thousand dollars. (Laws 1907, p. 
104, amended. Laws 1909, p. 463.) 


MINES AND. MINING; Inspection of 
Mines and Safety of Miners—Com¬ 
plaints. 

Section 1. Amending article 2, chap¬ 
ter 81. —That article 2, of chapter 81, of 
the Revised Statutes of Missouri, 1909, 
be and the same is hereby amended by 
adding thereto a new section to be 
known as section 8467a, and which sec¬ 
tion shall read as follows. 





Relating to Mines and Mining. 79 


Section 8467a. Inspectors to inspect 
certain mines, when—complaints to be 
filed, where. —Whenever the inspectors 
of lead mines, zinc mines or mines other 
than coal receive a complaint in writing, 
signed by one or more persons, employed 
in a lead mine, zinc mine or mine other 
than coal, setting forth that the mine in 
which he is employed is being operated 
contrary to law, and is dangerous in any 
respect to the health or lives of those 
employed therein, the inspectors must ex¬ 
amine such mine as soon as possible. 
The names of the persons making such 
^^complaint shall not, under any circum¬ 
stances, be divulged to any person by 
said inspector except such action be nec¬ 
essary in the administration of justice in 
the courts of the state. Provided, how¬ 
ever, that such complaint shall in all 
cases set forth the alleged violation of 
law observed, the nature of the danger 
existing at the mine, and shall distinctly 
set forth whether or not any notice of 
such defect or danger has been given 
by the complainants, or anyone else, to 
their knowledge to the superintendent or 
other person in charge of the mine. If 
after such inspection, the inspector finds 
the conditions, in his opinion, dangerous 
to the health and lives of those em- 




80 


Laws of Missouri 


ployed in such mine, he shall serve a 
notice in writing, setting forth fully the 
facts upon which his opinion is based, 
upon the operator or any person having 
charge of such mine, and shall thereafter 
take such steps to remedy such danger 
and to compel compliance with the pro¬ 
visions of this act, as the inspector could 
take in any case arising under section 
8467 of this act. It shall be the duty of 
the inspector to forward every such orig¬ 
inal complaint, so received, to the bureau 
of mines, mining and mine inspection, 
where it shall be indexed and filed 
among the official papers of the said ^ 
bureau. 

Approved April 3, 1911. • 


MINES AND MINING: Inspection of 
Mines and Safety of Miners—Ventila¬ 
tion. 

Section 1. Inspection—ventilation. 
That section 8469, article II, chapter 81, 
Revised Statutes, 1909, relating to in¬ 
spection of mines and safety of miners, be 
and the same is hereby repealed and the 
following new section enacted in lieu 
thereof, to be known as section 8469, and 
to read as follows: Section 8469. The 
state mine inspectors for lead mines. 





Relating to Mines and Mining. 81 


zinc mines and mines other than coal, 
are hereby authorized, empowered and 
directed to thoroughly inspect all under¬ 
ground excavations in all lead mines, 
zinc mines and mines other than coal, as 
often as the inspector may deem proper, 
from and after the passage and approval 
of this act, and ascertain the condition of 
such underground excavations with re¬ 
spect to the health of employes engaged 
in working in such underground exca¬ 
vations; and, if after such examination, 
the inspector shall find that the health 
of the employes is impaired by reason of 
'^there not being sufficient circulation of 
air or ventilation for such employes, it 
shall be the duty of such inspector to 
immediately notify the owner, agent or 
operator of such mine, in writing, speci¬ 
fying the underground excavations so 
found to be unhealthful, and direct such 
owner, agent or operator of such mine 
to, within fifteen days after receiving 
such written notice, commence to drill 
a sufficient number of air holes for such 
underground excavation, or to sink a 
shaft to connect with such underground 
excavation, or to make drift connection 
with a contiguous mine, at some point 
or points to be agreed to by such inspec¬ 
tor, as may in the discretion of the in- 




82 


Laws oj Missouri 


spector furnish sufficient ventilation for 
such mine, and to prosecute the work of 
correcting such defect in ventilation, as 
directed by the inspector, with all due 
diligence until completed. And the in¬ 
spectors shall have the power, if they 
deem it for the interest of the employes 
engaged in working in such underground 
excavations, so affected by such notice, 
to require all work and operations in 
such mine or mines to cease until such 
defect in ventilation shall have been cor¬ 
rected, or until further notified by such 
inspector. 

Approved April 3, 1911. ^ 


MINES AND MINING: Inspection of 

Mines and Safety of Miners. 

Section 1. Inspector may enter at any 
time, etc. —That section 8467 of article 2 
of chapter 81 of the Revised Statutes of 
Missouri for 1909 be and the same is 
hereby amended by striking out the 
words, “or unsafe for the workmen 
therein employed,” occurring in lines 
seventeen and eighteen, and by inserting 
after the word “article,” in the seven¬ 
teenth line of said section, the words 
“or in a condition dangerous or detri¬ 
mental to the life or health of those em- 





Relating to Mines and Mining. 83 


ployed therein, for the same reason or 
by reason of any defect in timbering, 
mining, ventilation or sanitation,” so 
that said section, when amended, shall 
read as follows: Section 8467. Inspec¬ 
tor may enter mines at any time, etc.—It 
shall be lawful for the inspector provided 
for in this article to enter, examine and 
inspect any and all mines and machinery 
belonging thereto, at all reasonable times, 
by day or by night, but so as not to ob¬ 
struct or hinder the necessary workings 
of such mine, and the owner, agent or 
operator of every such mine is hereby 
-^required to furnish all necessary facilities 
for such entry, examination and inspec¬ 
tion; and if the said owner, agent or 
operator aforesaid shall refuse to permit 
such inspection, or to furnish the neces¬ 
sary facilities for such entry, examina¬ 
tion and inspection, the inspector shall 
file his affidavit setting forth such refusal 
before the judge of the circuit court in 
said county in which said mine is situ¬ 
ated, either during the term of court or 
during vacation, and obtain an order on 
such owner, agent or operator so refus¬ 
ing as aforesaid, commanding him to per¬ 
mit and furnish such facilities for in¬ 
spection of such mine, or to be ad¬ 
judged to stand in contempt of court and 




84 


Laws of Missouri 


punished accordingly; and if the inspec¬ 
tor shall, after examination of any mine 
and the works and machinery pertain¬ 
ing thereto, find the same to be worked 
contrary to the provisions of this ar¬ 
ticle, or in a condition dangerous or 
detrimental to the life or health of those 
employed therein, for the same reason 
or by reason of any defect in timbering, 
mining, ventilation or sanitation, said 
inspector shall, through the circuit attor¬ 
ney of his county, or any attorney in 
ease of his refusal to act, acting in the 
name and on behalf of the state, pro¬ 
ceed against the owner, agent or opera-' 
tor of such mine, either separately or 
collectively, by injunction without bond, 
after giving at least two days notice to 
such owner, agent or operator, and said 
owner, agent or operator shall have the 
right to appear before the judge to whom 
application is made, who shall hear the 
same on affidavits and such other testi¬ 
mony as may be offered in support as 
well as in opposition thereto; and if 
sufficient cause appear, the court, or 
judge in vacation, by order, shall pro¬ 
hibit the further working of any such 
mine in which persons may be unsafely 
employed contrary to the provisions of 
this article, until the same shall have 




Relating to Mines and Mining. 85 


been made safe and the requirements of 
this article shall have been complied 
with; and the court shall award such 
costs in the matter of said injunction as 
may be just; but any such proceedings 
so commenced shall be without prejudice 
to any other remedy permitted by law 
for enforcing the provisions of this article. 

Approved April 3, 1911. 


MINES AND MINING: Inspection of 

Mines and Safety of Miners—Storing 

of Explosives. 

Section 1. Quantity of explosives to 
be stored in mines.—No person, partner¬ 
ship Or corporation, nor any agent of 
any such person, partnership or corpora¬ 
tion, engaged in mining for lead ore, zinc 
ore or any ore other than coal, shall per¬ 
mit any blasting powder or any high 
explosive containing nitro-glycerine, to 
be stored in any such mine: Provided, 
however, that nothing in this section shall 
be construed to prevent the storing in any 
such mine of sufficient blasting powder 
or other high explosive to meet the esti¬ 
mated requirements of such mine dur¬ 
ing the succeeding twenty-four hours; 
and provided further, that such temporary 
supply shall not be kept at any place 





86 


Laws of Missouri 


within such mine, where its accidental 
discharge would cut off the escape of 
miners working therein. 

Sec. 2. Excess explosives to be stored 
in magazine. —All blasting powder, or 
other high explosive, in excess of the 
temporary supply required in such mine 
as designated in the next preceding sec¬ 
tion, shall be stored in a magazine placed 
not less than three hundred feet distant 
from any shaft, habitation, public high¬ 
way, public railway, or from the bound¬ 
ary line of any mining property: Pro¬ 
vided, however, that in cases where the 
location of any mining property makes 
it impossible to comply with the pro¬ 
visions of this section, the state inspector 
of mines may grant permission, in writ¬ 
ing, to the operator of such mining prop¬ 
erty, or such operator’s agent, to place 
such magazine in some other place on 
such mining property, if, in the opinion 
of such inspector, such location shall 
not be dangerous to the safety of those 
employed within such mine; and provided 
further, that every magazine, where pow¬ 
der or other high explosive is stored, as 
provided in this section, shall be ven¬ 
tilated. 

Sec. 3. Detonators or caps not to be 
kept with other explosives. —No detona- 




Relating to Mines and Mining. 87 


tors or explosive caps shall be kept in 
the same magazine with any blasting 
powder or other high explosive. 

Sec. 4. /Explosives not to be prepared 
for firing in magazine. —No person, part¬ 
nership or corporation, nor any agent of 
any such person, partnership or corpora¬ 
tion, engaged in mining, as defined in 
section one of this act, shall permit any 
blasting powder or other high explosive 
to be prepared for firing or blasting in 
any magazine in which such blasting 
powder or other high explosive shall be 
stored. 

Sec. 5. Penalty. —Any person, part¬ 
nership or corporation, or the agent of 
any such person, partnership or corpora¬ 
tion, who shall violate any of the provi¬ 
sions of this act, shall be guilty of a mis¬ 
demeanor and shall, upon conviction, be 
fined not more than five hundred dollars 
and not less than one hundred dollars. 

Approved March 27, 1911. 


MINES AND MINING: Inspection of 
Mines and Safety of Miners—State 
Bureau of Mines, etc. 

Section 1. State bureau of mines es¬ 
tablished, etc. —That chapter 81, article 
2, of the Revised Statutes of Missouri, 





88 


Laws oj Missouri 


1909, be and the same is hereby amended 
by repealing section 8464 thereof, and 
by enacting a new section in lieu there¬ 
of to be designated as section 8464, and 
to read as follows: Section 8464. State 
bureau of mines established, etc.—There 
is hereby created a department to be 
known as the bureau of mines, with its 
office to be located at the state capitol. 
The governor shall appoint one mine 
inspector to be designated and known 
as state chief mine inspector, with office 
at the state capitol, who shall serve for 
a term of four years and receive and an¬ 
nual salary of $2000.00. The state chief 
mine inspector so appointed shall ap¬ 
point, with the approval of the governor, 
two coal mine inspectors, each of whom 
shall have had five years’ practical ex¬ 
perience in coal mining, and four lead, 
zinc and other mine inspectors, each of 
whom shall have had five years’ practical 
experience in lead and zinc mining, and 
each of the inspectors so appointed shall 
receive an annual salary of $1800.00, but 
in no case shall any such inspector be a 
person interested in any mine. The state 
chief mine inspector so appointed shall 
have authority to appoint a secretary of 
the bureau of mines, who, in addition to 
his other qualifications, shall be a com- 




Relating to Mines and Mining. 89 


petent draughtsman, and receive an an¬ 
nual salary of $1800.00. The state chief 
mine inspector and the assistant in¬ 
spector so appointed shall be allowed, 
and the same paid out of the general 
revenue fund, actual and necessary ex¬ 
penses. It shall be the duty of the state 
chief mine inspector so appointed to 
classify, supervise and direct the work 
of inspection by the assistant inspectors, 
who shall, at all times, be amendable to 
the chief inspector, whose further duty 
it shall be, to compile and make a re¬ 
port to the governor annually on the 
1st day of January in accordance with 
existing laws of the state in reference to 
mining. 

Sec. 2. Emergency—inconsistent acts 
repealed. —All acts or parts of acts in¬ 
consistent with the provisions of this 
act are hereby repealed. The fact that 
closer and better inspection is at once 
needed for the health and safety to the 
miners, creates an emergency, and this 
act shall, therefore, take effect and be 
in force from and after its passage and 
approval. 

Approved March 25, 1913. 




90 


Laws of Missouri 


MINES AND MINING: Inspection of 
Mines and Safety of Miners—Inspec¬ 
tors to Post Statements. 

Section 1. Inspectors to post state¬ 
ments—condition of mines—number of 
men to ride in cage—speed. —The state 
mine inspectors shall post up in some 
conspicuous place at the top of each 
mine visited and inspected by him, a 
plain statement of the conditions of such 
mine, showing what in his judgment is 
necessary for the better protection of 
the lives and health of the persons em¬ 
ployed in such mine; such statement 
shall give the date of inspection and be 
signed by the said inspector, and he 
shall also record a copy of said notice 
in the book required to be kept at such 
mine by section 8458 of the Revised 
Statutes of 1909. He shall also post a 
notice at the landing used by the men, 
stating what number of men may be 
permitted to ride on the cage, car or 
cars, at one time, while being lowered 
into or hoisted out of said mine, and at 
what rate of speed men may be hoisted 
and lowered on the cage, cars or car as 
provided for-in this act. 

Approved March 25, 1913. 




Relating to Mines and Mining. 91 


LABOR—EMPLOYMENT, HEALTH, 
SAFETY, STATISTICS: General 
Provisions for Health and Safety— 
Protection From Occupational or In¬ 
dustrial Diseases—Penalty. 

Section 1. Employer to provide pro¬ 
tection to employes from diseases.— 
That every employer of labor in this state 
engaged in carrying on any work, trade 
or process which may produce any ill¬ 
ness or disease peculiar to the work or 
process carried on, or which subjects 
the employe to the danger of illness or 
disease incident to such work, trade or 
process, to which employes are ex¬ 
posed, shall for the protection of all 
employes engaged in such work, trade 
or process, adopt and provide approved 
and effective devices, means or methods 
for the prevention of such industrial or 
occupational diseases as are incident to 
such work, trade or process. 

Sec. 2. Articles considered dangerous 
to health. —The carrying on of any 
process, or manufacture, or labor in this 
state in which antimony, arsenic, brass, 
copper, lead, mercury, phosphorous, 
zinc, their alloys or salts or any poison¬ 
ous chemicals, minerals, acids, fumes, 
vapors, gases, or other .substances, are 
generated or used, employed or handled 




92 


Laws oj Missouri 


by the employes in harmful quantities, 
or under harmful conditions, or come in 
contact with in a harmful way, are hereby 
declared to be especially dangerous to 
the health of the employes. 

Sec. 3. Employes to be furnished 
with clothing-respirators to be used 
while at work. —Every employer in this 
state to which this act applies shall pro¬ 
vide for and place at the disposal of the 
employes so engaged, and shall main¬ 
tain in good condition without cost to 
the employes, working clothes to be 
kept and used exclusively by such em¬ 
ployes while at work and all employes 
therein shall be required at all times 
while they are at work to use and wear 
such clothing; and in all processes of 
manufacture or labor referred to in this 
section which are productive of noxious 
or poisonous dusts, adequate and ap¬ 
proved respirators shall be furnished and 
maintained by the employer in good 
condition and without cost to the em¬ 
ployes, and such employes shall use 
such respirators at all times while en¬ 
gaged in any work productive of nox¬ 
ious or poisonous dusts. 

Sec. 4. Employes to be examined 
monthly by physician. —Every employer 
engaged in carrying on any process or 




Relating to Mines and Mining, 93 


manufacture referred to in section 2 of 
this act shall, as often as once every cal¬ 
endar month, cause all employes who 
come into direct contact with the poison¬ 
ous agencies or injurious processes re¬ 
ferred to in section 2 of this act, to be ex¬ 
amined by a competent licensed and 
reputable physician for the purpose of 
ascertaining if there exists in any em¬ 
ploye any industrial or occupational dis¬ 
ease or illness or any disease or illness due 
or incident to the caracter of the work 
in which the employe is engaged. 

Sec. 5. Physician to make report to 
state board of health—penalty for fail¬ 
ure. —It is hereby made the duty of any 
licensed physician who shall make a 
physical' examination of any employe 
under the provisions of section 4 of this 
act, to make within twenty-four hours 
a triplicate report thereof to the state 
board of health of the state of Missouri 
upon blanks to be furnished by said 
board upon request, and if any such 
disease or illness is found, the physician 
shall so report, and if any such disease 
is found, the report shall state the name 
and address and business of such em¬ 
ployer and the nature of the disease in 
precise and definite terms of all the dis¬ 
eases or illness with which the employe 




94 


Laws oj Missouri 


is afflicted and the probable extent and 
duration thereof, the name and business 
of employer, and the last place and 
length of employment: Provided, that 
the failure of any such physician to re¬ 
ceive blanks from the state board of 
health for making such a report shall 
not excuse the physician from making 
the report as herein required. Any phy¬ 
sician who shall fail to make a report 
as required by this section shall be 
deemed guilty of a misdemeanor and 
upon conviction shall be fined not less 
than fifty dollars ($50.00), and in each 
case shall stand committed until such 
fine and costs are paid unless otherwise 
discharged by due process of law. 

Sec. 6. Duty of secretary of board of 
health. —The secretary of the state 
board of health shall, immediately upon 
receipt of any report from any physician 
in accordance with the provisions of 
section 5 of this act, transmit a copy 
thereof to the state factory inspector, 
and a copy to the superintendent of the 
factory in which the employe is sup¬ 
posed to have contracted his ailment. 

Sec. 7. Employer to provide dressing 
rooms, lavatories, etc. —Every employer 
engaged in carrying on any process or 
manufacture of labor referred to in sec- 




Relating to Mines and Mining. 95 


tion 2 of this act, shall provide, separate 
and apart from the workshop in which 
such employes are engaged, a dressing 
room and lavatory for the use [of] such 
employes who are exposed to poison¬ 
ous or injurious dusts, fumes and gases, 
and such lavatory shall be kept and 
maintained in a hygienic and sanitary 
manner and provided with a Sufficient 
number of basins or spigots with wash¬ 
ing facilities including hot and cold 
water, clean individual towels and soap, 
and sufficient shower-baths, and the 
dressing room shall be furnished with 
compartment lockers, so that the or¬ 
dinary street clothes of such employes 
shall be kept separate and apart from 
their working clothes. Male and female 
employes shall be provided for sepa¬ 
rately. 

Sec. 8. Drinking fountains, ice water, 
etc., to be provided employes.—No 

employee shall take or be allowed to 
take any food or drink of any kind into 
any room or apartment in which any 
process or manufacture or labor re¬ 
ferred to in section 2 of this act is car¬ 
ried on, or in which poisonous sub¬ 
stances or injurious or noxious fumes, 
dusts or gasses, are present as the re¬ 
sult of such work or process being car- 




96 


Laws oj Missouri 


ried on in such room or apartment, and 
the employes shall not remain in any 
such room or apartment during the time 
allowed for meals, and suitable provision 
shall be made and maintained by the em¬ 
ployer for enabling the employes to 
take their meals elsewhere in such place 
of employment, and a sufficient number 
of sanitary drinking fountains contain¬ 
ing wholesome drinking water, and pro¬ 
viding ice for same, shall be provided 
and maintained for the use of the em¬ 
ployes within reasonable access -and 
without cost to them. 

Sec. 9. Work rooms to be kept in 
sanitary condition. —All employers en¬ 
gaged in carrying on any process or 
manufacture or labor referred to in sec¬ 
tion 2 of this act, shall provide and 
maintain adequate devices for carrying 
olf all poisonous or injurious fumes from 
any furnaces which may be employed in 
any such process or manufacture or 
labor, and shall also provide and main¬ 
tain adequate and efficient facilities for 
carrying off all injurious dust, and the 
floors in any room or apartment where 
such work or process is carried on shall 
be kept and maintained in a smooth and 
hard condition, and no sweeping shall 
be permitted during working hours ex- 





Relating to Mines and Mining. 97 


cept where the floor in such work shop 
is dampened so as to prevent the raising 
of dust; and all ore, slag, dross and fume 
shall be kept in some room or apart¬ 
ment separate from the work rooms oc¬ 
cupied by the employes, and all mixing 
and weighing of such ore, slag, dross or 
fume shall be done in such separate 
room or apartment, and all such material 
shall be dampehed or covered before be¬ 
ing handled or transported by em¬ 
ployes. 

Sec. 10. Prevention of dust. —When 
any flues or other apparatus are used in 
any such process or manufacture or 
labor referred to in section 2 of this act, 
and when such flues or other apparatus 
are being cleaned or emptied, the em¬ 
ployer shall in every case provide and 
maintain a sufficient, adequate [and] effi¬ 
cient means or device, such as canvas 
bags or other approved device, or by 
dampening the dust, or some other effi¬ 
cient method for catching and collecting 
the dust and preventing it from un¬ 
reasonably fouling or polluting the air 
in which the employes are obliged to 
work, and wherever practicable, the dust 
occasioned by any process or manufac¬ 
ture referred to in section 2 of this act, 
and in any polishing or finishing there- 




98 


Laws of Missouri 


in, shall be dampened or wet down oi, 
covered, and every reasonable precau¬ 
tion shall be adopted by the employer 
to prevent the unnecessary creation or 
raising of dust, and all floors shall be 
washed or scrubbed at least once every 
working day; and such parts of the work 
or process as are especially dangerous 
to the employes, on account of poison¬ 
ous fumes, dusts and gases, shall, wher* 
practicable, be carried on in separat 
rooms and under cover of some suitabl 
and efficient device to remove the dam 
ger to the health of such employes at 
far as may be reasonably consistent wit., 
the manufacturing process, and the fl. 
tures and tools employed in any sue i 
process or manufacture or labor, shall 
be thoroughly washed and cleaned ;ijLt 
reasonable intervals. ; > 

Sec. 11. Hoppers, chutes, etc., to b' 
provided with covering.—All hoppers c 
chutes or similar devices used in th 
course of any process or manufacturt 
referred to in section 2 of this act shal 
be provided with a hood or covering, 
and an adequate and efficient apparatus 
or other proper device for the purpose 
of drawing away from the employes, 
noxious, poisonous or injurious dusts, 
and preventing the employes from 




Relating to Mines and Mining. 99 


•oming into unnecessary contact there¬ 
with; and all conveyances or receptacles 
used for the transportation about or 
the storage in any place where any such 
process or manufacture or labor referred 
to in section 2 of this act is carried on, 
shall be properly covered or dampened 
in such a way as to protect the health 
of the employes, and no refuse of a 
■ 'tingerous character incident to the 
^cork or process carried on in any such 
'ace shall be allowed to remain ac- 
umulated on the floors thereof, 
f Sec. 12. Duty of state factory inspec- 
rtr.—It shall be the duty of the state 
^tory inspector to enforce the pro- 
v^dons of this act and to prosecute all 
violations of the same before any mag- 
ist ate or any court of competent juris- 
rMction in this state, and for that pur- 
^se the state factory inspector and his 
sistants are empowered to and shall 
’sit and inspect, at least once a year, 
nd at reasonable hours, and as often 
practicable, all places of employment 
overed by the provisions of this act. 

Sec. 13. Notices to be posted in 
rooms—to contain, what. —For the pur¬ 
pose of disseminating a general knowl¬ 
edge of the provisions of this act and of 
the danger to the health of employes 




100 


Laws of Missouri 


in any work or process covered by the 
provisions of this act, the employer 
shall post in a conspicuous place in 
every room or apartment in which any 
such work or process is carried on, ap¬ 
propriate notices of the known dangers 
to the health of any such employes 
arising from such (employes arising 
from such) work or process, and simple 
instructions as to any known means of 
avoiding, so far as possible, the injuri¬ 
ous consequences thereof, and the state 
factory inspector shall have prepared 
a notice covering the salient features of 
this act, and furnish a reasonable num- i 
ber of copies thereof to employers in 
this state, affected by the provisions of 
this act, which notice shall be posted 
by every such employer in a conspicuous 
place in every room or apartment in 
such place of employment. The notices 
required by this section shall be printed 
on cardboard of suitable character and 
the type used shall be such as to make 
them easily legible. 

Sec. 14. Penalty for violation. —Any 
person, firm or corporation who shall, 
personally or through any agent, violate 
any of the provisions of this act, or who 
fails or refuses to comply with any of 
its requirements, or who obstructs or in- 




Relating to Mines and Mining. 101 


terferes with any examination or inves¬ 
tigation being made by the state de¬ 
partment of factory inspection in ac¬ 
cordance with the provisions of this act, 
or any employe who shall violate any 
of the provisions of this act, shall be 
deemed guilty of a misdemeanor and 
on conviction thereof shall be punished 
by a fine of not less than twenty-five 
dollars ($25.00) or more than two hun¬ 
dred dollars ($200.00) and in each case 
shall stand committed until such fine 
and costs are paid, unless otherwise 
discharged by due process of law. 

Sec. 15. Term employer defined. —In 
this act, unless the context otherwise 
requires, “employer” includes persons, 
partnerships and corporations. 

Approved March 27, 1913. 


LABOR—EMPLOYMENT, HEALTH, 
SAFETY AND STATISTICS: Hours 
of Labor and Payment of Wages— 
Day’s Work in Certain Mines and 
Business Defined. 

Section 1. Amending article 4, chap¬ 
ter 67, by adding two new sections.— 

That article IV of chapter 67 of the Re¬ 
vised Statutes of 1909, relating to hours 
of labor and payment of wages be 





102 


Laws of Missouri 


amended by inserting the following sec¬ 
tions after section 7814 in said article 
IV of chapter 67. 

Sec. 7814a. Day’s work in certain 
mines and business defined—employees 
to work, how long. —It is hereby de¬ 
clared to be unlawful for any person, 
company or corporation engaged in 
carrying on the business of any kind 
of silica mining, plate glass manufac¬ 
turing or smelting business to work 
their employees in any mine or mines, 
mill or mills, factories or plants for a 
period of time longer than eight hours 
in a day of twenty-four hours, and it is 
hereby declared that eight hours shall 
constitute a day of employment for all 
laborers or employees engaged in the 
kind of labor or industries aforesaid. 

Sec. 7814b. Penalty. —Any person or 
persons, company or corporation who 
shall violate any of the provisions of 
the preceding section shall be deemed 
guilty of a misdemeanor and on convic¬ 
tion shall be fined in a sum not less 
than twenty-five dollars ($25.00), nor 
more than five hundred dollars ($500.00). 

Approved April 14, 1913. 




Relating to Mines and Mining. 103 


MINES AND MINING: Inspection of 
Mines and Safety of Miners—Stables 
for Live Stock—^Ventilation, etc. 
Section 1. Stables for live stock— 
ventilation, etc. —Where live stock is 
kept underground the stables or stalls 
shall be separated from the main air- 
course by not less than six feet of solid 
strata or a solid wall of brick, 
masonery or concrete, not less than 
twelve inches in thickness. The con¬ 
struction of the stable shall as far as 
practical', be free from all combustible 
material. No hay or straw shall be 
taken into the mine unless same be 
compressed into compact bales, and only 
from time to time in such quantities as 
will be required for two days’ use. No 
greater quantity of hay or straw shall 
be stored in the mine or stable and 
when such is taken inside the mine it 
shall be taken to the stable at once and 
placed in a separate room, provided 
therein for the same. The stable must 
be so placed that the air ventilating the 
same is returned immediately to the 
main outlet aircourse, and not allowed 
to go further into the mine to where 
the men are working. The connections 
between the aircourses and the stables 
must be fitted with substantial doors, 




104 


Laws of Missouri 


placed so that they can be readily 
reached in the event of fire in the sta¬ 
ble. • Where conditions prohibit the use 
of entirely incombustible material in the 
construction of the stable the doors lead¬ 
ing to or from the same shall be cov¬ 
ered with corrugated iron or some non¬ 
combustible material, set in masonry or 
concrete walls. The lights used in the 
stable shall be incandescent lamps placed 
so that same will not be injured by the 
stock or the persons required to enter 
the stable, or lanterns of railroad type 
suitable for using lard or signal oil, and 
only such oil shall be used therein. All 
refuse and waste shall be promptly re¬ 
moved from the^stable in the mine and 
shall not be allowed to accumulate. 
Stables constructed underground after 
the passage of this act shall be located 
not nearer than fifty feet to any opening 
to the mine used as a means of ingress 
or egress. 

Sec. 2. Penalty. —Every owner or 
operator or the agent of such owner or 
operator or lessee of any coal mine in 
this state, who shall fail or refuses to 
carry out the provisions of the preced¬ 
ing section, shall be deemed guilty of a 
misdemeanor, and upon conviction there¬ 
of, shall be punished by a fine of not 




Relating to Mines and Mining. 105 


less than one liuii^dred. ($100.00) dollars, 
nor more than three hundred dollars 
($300.00); or by imprisonment in the 
county jail not less than six months nor 
more than twelve months, or by both 
such fine and imprisonment. 

Approved March 27, 1913. 


MINES AND MINING: Inspection of 
Mines and Safety of Miners—Inspec¬ 
tors to Close Mines, When. 

Section 1. Inspectors to close mines, 
when. —The chief mine inspector and his 
assistants shall have the power and it is 
hereby made their duty, to stop the oper¬ 
ation of and close any mine or part there¬ 
of, where poisonous damps exist, where 
rotten ropes or unsafe cages are used, or 
where a safe escape way is not provided, 
for all employees. Any person or persons 
violating the provisions of this section, 
and any member or stockhold [er] or 
officer of any company or corporation 
who shall violate the provisions of this 
section, shall be deemed guilty of a mis¬ 
demeanor, and on conviction thereof be 
punished by a fine of not less than twen¬ 
ty-five dollaj;s, nor more than one hun¬ 
dred dollars, or imprisonment in the 





106 


Laws oj Missouri 


county jail thirty days nor more than 
ninety days, or by both such fine and 
imprisonment for each and every separ¬ 
ate offense. 

Approved March 22, 1915. 


MINES AND MINING: Inspection of 
Mines and Safety of Miners—Pro¬ 
moting Health and Sanitary Condi¬ 
tions of Coal Miners—Providing 
Washhouses and Equipment. 

Section 1. Washhouses and equip¬ 
ment—sanitary conditions, etc.. —It shall 
be the duty of every person, corporation 
or company, and of his or its agents, of¬ 
ficers, representatives or person or per-* 
sons in charge of, owning and operating 
or operating as lessees a coal mine within 
the state of Missouri, wherein ten or more 
miners are employed in digging coal to 
provide within six months after the ap¬ 
proval of this act a suitable building to 
be used by said miners as a washhouse of 
a size not to exceed twelve feet in width 
and twenty feet in length and one story 
in height, and to be located within a 
reasonable distance, not to exceed three 
hundred feet of the shafthouse of the 
said mine, for the accomodation of the 
miners who desire to use the same; said 





Relating to Mines and Mining. 107 


washhouse to be equipped with a stove 
or other heating apparatus, and if a stove 
be furnished that the fuel to be burned in 
the same to be furnished by the operator 
of said mine; said washhouse shall be 
kept in a good and sanitary condition by 
the miners who use the same for the pur¬ 
pose of washing themselves and changing 
clothing when going to and returning 
from the mine. The room for the negroes 
shall be separate from the white race, 
but may be in the same building. An 
available supply of water shall be fur¬ 
nished by the operator and the same shall 
be carried to said washhouse by the 
miners; the miners shall furnish their own 
towels, basins, and soap, and shall exer¬ 
cise control over and be responsible for 
all property by them left therein. 

Sec. 2. Liability for loss or destruc¬ 
tion of property. —No person, corpora¬ 
tion or company, its agents, officers or 
representatives, furnishing such a wash¬ 
house at his or its mines as required in 
section one hereof shall be legally liable 
for the loss or destruction of any property 
left at or in said washhouse. 

Sec. '3. Penalty. —Any person, cor¬ 
poration or company, its officers or 
agents, failing, neglecting or refusing to 
comply with the provisions of section one 




108 


Laws oj Missouri 


of this act shall be guilty of a misdemean¬ 
or and shall, upon conviction be fined in 
any sum not less than twenty-five dollars 
(S25.00), nor more than one hundred dol¬ 
lars ($100.00). Each week that such per¬ 
son, corporation or company, fails and 
neglects to comply with the provisions of 
said section shall constitute a separate 
offense: Provided, this act shall not 
apply to strip-pit or steam-shovel coal 
mining. 

Approved March 22, 1915. 




INDEX 


General laws applying to mines, mining 
and mine inspection. 


ACCIDENTS— Sec. Page. 

coroner to be notified, when. 8462 51 

inspector to be informed of. 8462 51 

inspector to go to scene, when. 8462 51 

inspector to make report of. 8462 51 

inspector to take deposition. 8462 51 

mine operator liable. 5440 75 

right of action. 8471 67 

ACTION— 

mine operator liable. 5440 75 

right of, for injury or death. 8470 67 

survival of right of. 5445 77 

BOILER IRON— 

cages to be covered with. 8456 45 

BOUNDARY— 

map showing same. 8441 33 

relative to mining claims. 8414 11 

BUREAU OF MINES— 

established. 8464 53 

inspection districts—state di¬ 
vided. 8464 53 

inspectors, how appointed. 8464 *53 

number of state mine inspectors 8464 53 

office, where located. 8464 53 

qualifications of inspectors. 8464 53 

salary of inspectors. 8464 53 

secretary of —■ appointment — 

duties, etc. 8464 53 

CAGES— 

covered with boiler iron. 8456 45 

limited to twelve persons. 8457 46 

not to ride on when loaded. 8457 46 

safety catches for. 8456 45 

to be supplied with guides. 8456 45 

( 109 ) 



























110 


Laws oj Missouri 


COAL MINES—(see special laws.) 


CONTRACTS— 

Sec. 

Page. 

on contingency of injury void. . . 

. 5443 

77 

COUNTY COURT— 

copy of mine map filed with. 

, 8441 

33 

mine map to be corrected. 

. 8441 

33 

COURT— 

injunction granted, when. 

. 8413 

10 

power of court. 

. 8413 

10 

DAY— 

eight hours for miners. 

.8437 

31 

DAMAGES— 

mine operator liable. 

5440 

75 

survival of right of action. 

5445 

77 

DEPOSITIONS— 

inspector to take, when. 

8462 

51 

EIGHT HOURS— 

day’s work for miners. 

8437 

31 

EMPLOYES— 

age, limit of. 

, 8456 

45 

brought to surface for meals. 

8439 

32 

certain persons not to work. 

8456 

45 

eight hours labor. 

8438 

31 

fellow servants defined. 

5442 

76 

fellow servants, who exempt. . . . 

5444 

77 

in charge of hoisting machinery.. 

8457 

46 

limited number on cage. 

8457 

46 

mines employing ten or more... . 

8441 

33 

not permitted on loaded cage.. . . 

8457 

46 

right of action. 

8470 

67 

wages, etc. 

8435 

29 

ENGINEER— 

qualification—age limit. 

8457 

46 

EXCAVATION— 

under public highways. 

, 8427 

22 

EXPLOSIONS—(see accidents.) 

FELLOW SERVANTS— 

defined. 

5442 

76 
























Relating to Mines and Mining. Ill 


FELLOW SERVANTS— Continued—-Sec. Page. 

employes exempt. 5444 77 

mine operators liable. 5440 75 

FORFEITURE— 

of rights to work mine. .*. 8409 4 

GUIDES— 

required on cages. 8456 45 

HIGHWAYS—(see public highways.) 
HOISTING— 

means of signaling required. 8456 45 

person to control of machinery. . 8457 46 

props or rails not to be lowered, 

when. 8456 45 

INSPECTORS— 

accidents, causes investigated. . . 8462 51 

districts—state divided, how.8464 53 

duties regarding health and 

safety. 8465 55 

how appointed—duty of—term.. 8464 53 

may enter any mine. 8467 58 

personnel of bureau. ^ 

salary of. 8464 53 

to be notihed of abandoned < 

works. 8441 33 

to close mine, when and how.... 8467 58 

to go to scene of accident, when. 8462 51 

to make map, when. 8442 34 

to make report of accidents. 8462 51 

to make report to governor. 8465 55 

to take depositions, when. 8462 51 

INJUNCTION— 

dissolution application. 8413 10 

inspector to proceed by, when. . . 8467 58 

power of court. 8413 10 

to enjoin working of mine. 8413 10 

JUSTICE OF THE PEACE— 

survey ordered by. 8414 11 

LANDS— 

working beyond boundary. 8414 11 


























112 


Laws of Missouri 


LEAD AND ZINC MINES—(see Sec. Page. 

special laws.) 

LEASEHOLD— 

terms of, posted. 8408 3 

LESSEE—(see operator.) 

MAPS— 

of mines to be prepared. 8441 33 

of mine made by inspector, when 8442 34 

MEALS— 

miners brought to surface for.. . . 8439 32 

MINING 

relative to royalty. 8410 7 

royalty paid when. 8409 4 

MINES— 

abandoned, how. 8441 33 

boundary lines. 8441 33 

boundary, relation to. 8414 11 

closed by inspector, how. 8467 50 

injunction or restraining orders. .8413 10 

inspector may enter... 8467 58 

new operations to be reported. . . 8465 55 

MINERAL— 

notice to landowner. 8411 8 

royalty paid when. 8409 4 

sale of. 8412 9 

MINERAL LANDS— 

permit to mine, forfeited when... 8408 3 

permit to mine posted. 8408 3 

OATHS—(see accidents.) 

OPERATORS— 

hoisting machinery operated by 

whom. 8457 46 

mine map, relative to. 8442 34 

to furnish facilities to enter 

mine. 8467 58 

to furnish inspector map. 8441 33 

to keep supply of prop timber. . . 8473 69 

to make map of mine. 8441 33 






















Relating to Mines and Mining. 113 


OPERATORS— Continued —■ Sec. Page, 

to make report, when. 8465 55 

to provide means of signaling. ... 8456 45 

to report new mines. 8465 55 

to require monthly statement 

from whom. 8465 55 

ORE AND OTHER MINERAL— 

sale of. 8412 9 

OWNERS—(see operators.) 

PENALTIES— 

excavating under highways. ' . . . 8429 23 

for failure to bring miners to sur¬ 
face, when. 8439 32 

for failure to make report. 8466 58 

for failure to pay employes. 8435 29 

for failure to report accidents.. . . 8462 51 

for general misdeeds in mine . . . .8472 68 

for hindering making of survey. . 8416 12 

for injury to mining property.. . .8472 68 

for violation to eight-hour law.. . 8438 31 

for violations when penalty is not 

otherwise fixed. 8463 52 

relative to age limit—safety 

catches—signaling, etc. 8456 45 

PROP TIMBERS— 

sufficient supply required. 8473 69 

PUBLIC HIGHWAYS— 

excavation under, prohibited.... 8428 23 

RAILROADS 

excavations under, proliibited... . 8427 22 

REPORT— 

by inspectors to governor. 8465 55 

delinquents reported to prosecut¬ 
ing attorneys. 8466 58 

RIGHTS OF MINERS— 

forfeiture of rights. 8408 3 

forfeiture of rights. 8409 4 

terms and conditions to be 

posted. 8408 3 




















114 


Laws of Missouri 


ROYALTY FOR MINING— Sec. Page. 

paid when. 8409 

tender of payment. 8410 

SAFETY CATCHES— 

on cages required. 8456 45 

SALARIES—(see bureau of mines.) 

SALES— 

report of, sent to inspector. 8465 55 

SECRETARY—(see bureau of mines.) 
SIGNALINGS— 

suitable means of, required. 8456 45 

SURVEYOR— 

to make survey. 8414 11 

to read order. 8415 12 

WAGES— 

operators may withhold. 8435 29 

paid semi-montlily. 8435 29 

WITNESSES—(see accidents.) 

Special Laws Applying to Coal Mines. 

(See general laws.) 

ACCIDENTS—(see general laws.) 

AIR—(see ventilation.) 

AIR CURRENTS—(see ventilation.) 
application of certain sec¬ 
tions. 8427 22 

BLASTING HOLES 

charged how. 8449 40 

BOARD— 

of mining. 8480 75 

BOILERS— 

examination certified to inspec¬ 
tor. 8461 50 

steam—examined semi-annually. 8461 50 

BOND— 

amount required. 8422 18 

circuit court to approve. 8420 16 























Relating to Mines and Mining. 115 


BOND— Continued —• Sec. Page. 

indemnity required. 8419 15 

sureties required. 8423 19 

BORE HOLES— 

kept twenty feet in advance..... 8455 44 

CAGES— 

covered with boiler iron. 8456 45 

t 

number of men to ride in. 8457 46 

CHECK-WEIGHMAN—(see weighing.) 
CITIES— 

indemnity bond required.8419 15 

permit issued by. 8421 17 

DAY— 

eight hours—(see general law.) 

DIAGRAM OF MINE 

county surveyor to make. 8426 21 

filed with circuit clerk. 8426 21 

forfeiture of mining privilege... . 8426 21 

DOORS— 

how constructed.. 8445 37 

DRIFTS- 

outlets required. 8443 35 

EIGHT HOURS—(see general law.) 
EMPLOYES— 

blasting holes, how charged. 8449 40 

eight hours labor.: . . . 8437 31 

escapement shafts for. 8443 35 

experience required to handle ex*- 

plosives. 8448 40 

liens, etc. 8436 30 

limited in certain mines. 844.3 35 

loaders, duties of. 8433 28 

qualifications of miners. 8479 73 

screening coal. 8430 23 

semi-weekly inspection. 8458 47 

wages. 8435 29 

weighman, duties of, etc. 8431 25 

ESCAPEMENT— 

shaft, how constructed. 8443 35 




























116 


Laws oj Missouri 


EXPLOSIVES— Sec. Page, 

experienced person to handle. . . . 8448 40 

to be kept in strong box. 8477 7i 

FIRE DAMP— 

relative to. 8445 37 

GAS— 

mines generating.-. . . . 8447 39 

mines to be examined dally. 8447 39 

HOISTING— 

coal not to be hoisted, when.... . 8457 46 

competent persons at top and 

bottom of shaft. .. 8460 49 

semi-weekly inspection. 8458 47 

velocity of. 8457 46 

INSPECTOR— 

boiler examination certified to, . . 8461 50 

of weights, measures and scales.. 8434 28 

to determine number to ride 

. 8457 46 

to examine daily record of gaseous 

mines. 8447 39 

to give notice of new law. 8476 71 

to make test of oils. 8454 44 

to order room sealed. 8474 69 

to pass on qualifications of 

miner. 8479 73 

to test scales. 8434 28 

ventilation inspected by. 8445 37 

LIENS— 

employes have, for work done. . . 8436 30 

property subject to. 8436 30 

LOADERS— 

manner of weighing. 8433 28 

LOWERING—(see hoisting.) 

MAP OF MINE—(see diagram.) 

MINERS—(see employes.) 

MINES— 

abandoned rooms to be sealed. . . 8474 69 

abandoned, securely fenced. 8461 50 
























Relating to Mines and Mining. 117 


MINES— Continued — Sec. Page, 

dry and dusty—regulation for. . . 8449 40 

examined daily, when. 8447 39 

method of working.. .... 8474 69 

MINING— 

board of—powers, etc. 8480 75 

NOTICE— 

of intention to mine. 8420 16 

OILS. 

barrels or packages branded, v 

how. 8452 41 

for illuminating purposes. 8452 41 

inspector to make test. 8454 44 

test of. 8452 41 

violations prosecuted, how. 8454 44 

OPERATOR— 

can employ only five men, when. 8443 35 

relative to twenty-flve men em¬ 
ployed. 8460 49 

to construct escapement shaft. . . 8443 35 

to employ competent person at 

top of shaft—duty of. 8460 49 

to keep bore-holes, how. 8455 44 

to maintain semi-weekly inspec¬ 
tion. 8458 47 

OUTLETS—(see shafts.) 

OWNER—(see operator.) 

PENALTIES— 

failure to employ shot-flrers. 8478 73 

failure to employ man at top of 

shaft. 8460 49 

failure to file diagram. 8426 21 

failure to keep powder in strong 

box. 8478 73 

failure to keep roadways clean.. . 8443 35 

failure to properly adjust scales.. 8434 28 

failure to provide escapement..... 8444 37 

failure to provide s emi-weekly 

inspection.8459 48 

failure to qualify as miner.8479 73 
























118 


Laws oj Missouri 


PENALTIES— Continued — Sec. Page. 

for mining without permit. 8424 20 

for screening coal before weigh¬ 
ing. 8430 23 

for using false scales. 8432 27 

for violation of certain sections. . 8451 41 

if oils are not branded. 8453 43 

indemnity bond, failure to se¬ 
cure.:. 8419 15 

relative to entries and crosscuts.. 8474 69 

relative to weighing. 8431 25 

PERMIT TO MINE— 

circuit court to hear testimony. . 8422 18 

cost paid, how. 8425 21 

mayor and council to issue. 8421 17 

permission of property owners.. . 8424 20 

PILLAR AND ROOM— 

(see room and pillar.) 

PLAT OF MINE—(see diagram.) 

POWDER— 

in dry and dusty mines. 8449 40 

PUBLICATION OF— 

intention to mine. 8420 16 

ROADWAYS— 

to be kept clean. 8443 35 

ROOM AND PILLAR— 

abandoned rooms to be sealed. . . 8474 69 

method of working. 8474 69 

two entries necessary. 8474 69 

when five or more persons are 

employed. 8474 69 

SCALES—(see weighing.) 

SCREENING— 

before weigliing prohibited. 8430 23 

SHAFTS— 

air shaft no escapement shaft... . 8443 35 

escapements,^ how constructed. .. 8443 35 

top of, to be fenced. 8461 50 

SHOT FIRERS— 

to be employed, when. 8477 71 






















Relating to Mines and Mining. 119 


*» 


SIGNALING— Sec. Page. 

bet ,«^een stepping places. 8461 50 

SLOPE— 

entrance fenced. 8461 50 

outlets required. 8443 35 

SPLITS—(see ventilation.) 

STATE MINING BOARD. 8480 75 

STEAM BOILERS—(see boilers.) 

SUMPS— 

to be planked over. 8450 41 

TRAPPER— 

to be employed, when. 8445 37 

TRAVELING WAYS— 

through shafts, etc. 8450 41 

VENTILATION— 

air shaft separate. 8443 35 

boy or trapper to be employed, 

when. 8445 37 

cross-cuts necessary. 8474 69 

doors, how constructed. 8445 37 

gas—-number of men—splits. . . 8447 39 

good and sufficient—amount re¬ 
quired. 8445 37 

inspector to make inspection.... 8445 37 

means of providing. 8445 37 

relative to splits. 8445 37 

separate air currents required... . 8446 39 

WAGES—(see general law.) 

employers’ lien. 8436 30 

WEIGHING— 

duty of loaders. 8433 28 

inspection of scales. 8434 28 

miners may select weighman. . . . 8431 25 

powers of special weighman. 8431 25 

scales located where. 8432 27 

to be done before screening. 8430 23 

weighman to take 0 £(.th. 8431 25 























120 


Laws oj Missouri 


WEIGHTS, MEASURES AND Sec. Page. 

SCALES. 8434 28 

ZINC AND LEAD MINES— 

(see special laws.) 


Special Laws Applying to all Mines , 
Other than Coal. 

(See General Laws.) 


ACCIDENTS —’(see general law.) 

AIR HOLES— 

required, when. 8469 62 

DAY— 

eight hours—(see general law.) 
DRAINAGE— 

of mine. 8417 13 

EMPLOYES— 

eight hours labor. 8437 3 i 

wages. 8435 29 

INSPECTORS— 

duties, powers, etc. 8468 60 

to inspect all underground ex¬ 
cavations... 8469 62 

LESSEE— 

drainage of mine. 8417 13 

pump-rent. 8417 13 

MINE— 

when dangerous to be closed.. 8468 60 

ORE— 

scrapping for, prohibited. 8418 14 

OWNER— 

drainage of mine....,. 8417 13 

pump-rent. 8417 13 

PENALTIES 

failure to provide proper venti¬ 
lation . 8470 67 

scrapping prohibited. 8418 14 


















Relating to Mines and Mining. 121 


PUMP RENT—■ Sec. Page. 

not collectible, when. 8417 13 

• ROYALTY— 

not collectible, when. 8417 13 

SCRAPPING— 

prohibited. 8418 14 

SHAFTS— 

to sink another, when. 8468 60 

VENTILATION— 

inspection of. 8469 62 

WAGES—^(see general law.) 

New and Amended Laws. 

CLOTHING FURNISHED— 

employes. 92 

employes examined by physi¬ 
cian. 92 

physician to make report. 93 

duty of secretary of board of 

health. 94 

employer to provide dressing 

room. 94 

drinking fountains. 95 

work room. 96 

prevention of dust. 97 

INSPECTORS— 

inspector to post statements 
—condition of mines—num¬ 
ber of men to ride in cage 

—speed. . 4858 90 

INSPECTION— 

detonators or caps not to be kept 
with other explosives—explos¬ 
ives not to be prepared for fir¬ 
ing the magazine—penalty. 86 

emergency—inconsistent acts re¬ 
pealed. 89 




















122 


Laws oj Missouri 


INSPECTION— Continued — Sec. Page, 

e.xcess explosives to be stored in 

magazine. 86 

inspector may enter at any time. 8467 82 

state bureau of mines estab¬ 
lished . 8464 87 

safety of miners—complaints.. . . 8467 79 

storing of explosives. 85 

stables for live stock. 103 

penalty. 104 

ventilation. 8469 80 


LABOR — Employment, Health, 
Safety, Statistics—• 
general provisions for health and 
safety—protection for occupa¬ 
tional or industrial diseases—• 


penalty. * 91 

hoppers, chutes, etc., to be pro¬ 
vided with covering. 98 

duty of state factory inspector— 
notice to be posted in rooms— 

to contain, what. 99 

penalty for violation. 100 

term employer defined. 101 

days work in certain mines and 

business defined. 7814a 102 

penalty. 7814b 102 


V 



















